Losing a loved one is always a life-changing tragedy, but it is especially traumatic when their death could have been prevented and was caused by another person’s negligence. Wrongful death occurs when someone’s negligence or intentionally harmful actions result in the death of another person. These types of claims allow family members to recover damages from the at-fault party. If you are considering filing a wrongful death lawsuit after a swimming pool fatality in Houston, you may be wondering whether or not you have grounds for a claim. That’s why our experts at Carabin Shaw have compiled an overview of what you need to know about establishing negligence, the statute of limitations on a Texas swimming pool accident claim, and choosing the right Houston accident attorney. Read on to learn more.
Who Can File a Wrongful Death Lawsuit After a Swimming Pool Fatality in Texas?In Texas, wrongful death claims may only be filed by parents, children, or surviving spouses of the deceased. Other relatives—such as siblings or grandparents—are unfortunately unable to file wrongful death claims in our state.
What is the Statute of Limitations for Filing a Texas Swimming Pool Accident Claim?If a person is hurt while swimming on someone else’s property in Texas, they generally have two years after the date of the accident to file a lawsuit with the help of a personal injury attorney in Houston. The victim—or the family of the victim—has the same amount of time to file a wrongful death case after a drowning accident.
Establishing Negligence After a Swimming Pool AccidentIf your relative died because of a swimming pool accident that occurred on another person’s property, you may be wondering whether or not the property owner may be held liable for the death. To find the answer, you will need to consult with a Houston accident attorney who knows the circumstances surrounding your claim. What follows is simply a general overview.
Generally, whether or not the pool owner may be held liable will depend on the premises liability laws in your state. In Texas, there are steps that pool owners must take to ensure that their pool is legally compliant with safety regulations—and if these steps were not taken prior to an accident, the pool owner may be held liable if someone drowns in their pool, even if that person was trespassing at the time of their death.
For example, according to Chapter 757 of the State Health and Safety Code in Texas, all home pool fencing must be at least 48 inches tall, and pool fences cannot have any opening large enough to permit the passage of a four-inch diameter sphere. Additionally, pool gates must swing outward, be self-closing, and have a latch that fastens automatically when the gate closes. If these rules are not followed by a homeowner and a child drowns in their pool, they may be held liable for negligence and can be sued for wrongful death.
Has Your Loved One Died in a Swimming Pool Accident? Call a Qualified Lawyer TodayIf you have lost a relative in a swimming pool accident and are considering filing a wrongful death lawsuit, you need a lawyer who specializes in this type of claim—and our attorneys are here to help you. Our qualified accident attorneys have 200 years of combined legal experience, and have recovered more than $500 million in compensation for accident victims thus far. If you’re ready to discuss the possibility of filing a claim, we want to do everything we can to help you and your family in this difficult time.
To schedule your free consultation with a knowledgeable, compassionate personal injury attorney in Houston, call our Carabin Shaw office serving Houston at 713-654-9991. Our Houston accident attorneys want to help you get the justice you deserve, so call our team today.