When are facilities responsible for a drowning injury?
2-Year-Old Boy Drowns in a Gated Community Pool on the North Side
According to a KSAT News report, authorities are investigating the drowning of a toddler on the North Side last week.
Police reported the accident happened at around 8:20 a.m. Thursday, July 11th, at the 13000 block of Vista Del Norte. Amari Jobe, 2, was found in the pool of the gated apartment complex Villas of Vista Del Norte on the north side of San Antonio when police responded to the missing persons call. His mother began doing CPR until EMS arrived and rushed the boy to the hospital, where he was pronounced dead. The investigation is ongoing.
Did You Know?
Children account for 1 out of 4 drowning deaths in the United States each year.
When Are Facilities Responsible for a Child Drowning Injury or Death in Texas?
Children are especially vulnerable to drowning accidents.
It only takes a few seconds of inattention for tragedy to strike. Most people think that it would be easy to notice a child drowning, but this is not true. Many children drown even when lots of people are around because of how quickly and quietly it happens.
Because of this, Texas law holds facilities accountable when they put children in unnecessary danger of drowning.
What Makes a Facility Responsible for a Child Drowning Injury/Death
Apartment complexes and other multi-unit property owners in Texas must meet specific requirements designed to keep children (and other residents) safe from drowning, often including:
- Covers,
- Pole and Rope (to assist struggling swimmers),
- Self-latching Gates,
- And Fences (at least 48 inches high with gaps no larger than 4 inches).
Failing to meet these requirements would be negligent and would likely result in the facility being held legally responsible if a child resident drowned.
The Attractive Nuisance Law
Premises liability law usually doesn’t hold facilities accountable for trespassers being injured on their property. However, small children don’t understand the concept of trespassing and find pools enticing.
According to the Attractive Nuisance Law, if an adult snuck into the pool area and drowned, the facility would not likely be responsible. However, if a child trespasser drowned or was hurt, they would likely be held responsible.
Product Liability and Child Drowning Injury/Death
Defective pool components can also lead to a drowning injury, even if the facility follows all of the relevant laws. Examples include:
- Diving Board Defects,
- Slide Malfunctions,
- Issues with Drains, Pumps, Polaris, Motors, and Other Equipment.
In this case, the facility would likely not be held responsible. Instead, the injured or bereaved party would file a product liability claim against the manufacturer or designer of the defective product.
Did Your Child Suffer a Drowning Injury or Lose Their Life in a Texas Swimming Pool? Call Carabin Shaw.
Texas leads the nation in swimming pool drowning deaths.
If your child was injured or tragically lost their life in a swimming pool accident, you could be entitled to compensation for things like:
- Ambulance Costs,
- ER Treatment,
- Ongoing Medical Care,
- Trauma/PTSD,
- Wrongful Death
- And More.
We’ll help you find out if your case qualifies for free.
Call Carabin Shaw child injury attorneys at 800-862-1260 to schedule your case evaluation for free. We’re a trusted name in Texas because we put our clients first. We look forward to serving you.
Contacting a Carabin Shaw attorney is free and does not obligate you to work with the firm.
See Also:
Learn how trauma affects a child after an injury