Swimming Pool Accident Lawyers
The skilled personal injury lawyers at Ketterman Rowland Westlund represent people who have been injured in swimming pool accidents in San Antonio and across the state of Texas. We understand how difficult it can be to deal with the wide-ranging impact a serious injury can have on your life.
Why Choose Ketterman Rowland Westlund?
Why have so many people turned to our law firm for help? Our satisfied clients have trusted us to handle their personal injury cases because:
- Our firm is one of the largest in the state of Texas, with a powerful team of highly experienced trial lawyers and compassionate support staff.
- Our lawyers have garnered recognition and accolades from organizations such as Best Lawyers in America, U.S. News, and Super Lawyers.
- We have won million-dollar and multi-million-dollar settlements and court awards for our deserving clients.
- Our firm believes in treating each client like a top priority. We know you by your name, not your case number. Our compassion shines through in everything we do.
- Our firm is committed to making the claims process convenient for you. We have multiple offices across Texas and can travel to meet you wherever you like.
- We provide free initial consultations and represent clients on a contingency-fee-basis. This means you never pay us unless we win compensation for you.
When you chose our firm to handle your case, we will be committed to seeing your case through to the very end. We will keep you updated throughout the process, so you understand how your case is progressing and the steps that need to be taken.
Most importantly, we take the pressure off you, so you can focus on your health and your family.
Who Can Be Held Liable for a Swimming Pool Accident?
- If your injuries occurred at a private residence, a claim will need to be filed with the homeowners’ insurance. All homeowners’ insurance policies have a special section of personal liability that provides coverage to someone injured on the property.
- If your injuries from a swimming pool accident occurred on public property, such as at a hotel or apartment complex, you can pursue payment from the property’s business liability insurance. Unfortunately, insurance companies for business properties will do whatever it takes to not have to pay you. This includes blaming you for your own injuries. It’s important to be able to prove the property owner or manager was negligent in providing and maintaining a safe area for their guests. Our lawyers know how to do this and will fight fiercely on your behalf.
Compensation After a Swimming Pool Accident
No one expects to be hurt when they visit a swimming pool. Whether you tripped and fell around the pool or were hurt in the pool itself, the responsible party or parties should be held accountable.
There are many expenses and losses for which you one can seek compensation for after a swimming pool accident. These include:
- Medical and surgical costs
- Hospital costs
- X-rays and other tests
- Ambulance services
- Dental work
- Future treatment costs
- Lost wages from time off of work
- Reduced earning capacity for the future
- Pain and suffering
Our team can fully evaluate and document your losses, including future anticipated losses, to ensure you are pursuing the total amount of compensation you will need to recover.
What are the Leading Causes of Swimming Pool Accidents?
Common causes of swimming pool accidents are:
- Poorly trained or unsupervised lifeguards
- Lack of fencing
- Faulty or poorly maintained ladders, diving boards, or other features
- Inadequate lighting
- Damaged or dangerous drains or drain covers, pump or pump covers, filters, chemical feeders, returns, and other components.
Going to the pool, whether at a friend’s house or the local community pool, can be an enjoyable way to get some exercise or spend time with friends and family. However, a poorly maintained pool or property can pose serious risk of injury to visitors. It’s the responsibility of the pool’s owner or property manager to be aware of potential hazards and either address them or warn visitors of the dangers they might face.
Broken or cracked surfaces near the pool can be a tripping hazard, as well as debris or standing water in walkways.
A lack of proper warning signage is also a common cause of swimming pool accidents.
Another common cause is hazardous objects in the pool. For example, if the pool owner doesn’t properly clean the pool and remove dangerous objects, such as broken glass, a guest could step on it and cut their foot.
Do not hesitate to seek legal advice if you have been hurt in a swimming pool on someone else’s property. Our attorneys can investigate your accident to determine exactly what caused it and who should be held liable.
Swimming Pool Accident Statistics
- Over 148 children under the age of 15 fatally drowned in swimming pools in recent year, according to the USA Swimming Foundation.
- Drowning is the second-leading cause of death in this age group across the country, according to the Texas Drowning Prevention Alliance.
- 74% of these deaths occurred at a private residence where adults were present.
- In cases where drowning does not lead to death, over 50% of people require additional treatment after their initial ER visit.
- Drowning can cause severe brain injuries that can have long-term effects, such as issues with memory and loss of other cognitive functions.
- A swimming pool without a lifeguard is 14 times more likely to cause death in children under the age of 4 than a motor vehicle accident.
- Even with a lifeguard present, children still account for 19% of drowning fatalities.
- 58% of parents don’t consider the possibility of drowning to be a real threat to their children.
Specific Requirements for Texas Pool Owners
If you’re a pool owner in Texas, there are certain rules you must follow to protect everyone who will be using it. Following Texas laws when installing your pool is important to prevent drowning and pool-related injuries. If you don’t follow specific requirements according to state and local laws, you could face expensive fines.
Fencing is an important requirement for any private or public pool. In Texas, all fencing around a pool must be at least 48 inches high and cannot be made of any chain-link material.
If there is wood fencing around the pool constructed of horizontal and vertical slats, the horizontal pieces must be placed on the side closest to the pool to prevent trespassers from climbing over the fence.
If there is a gate, it must be 48 inches high as well and have a self-closing and self-latching mechanism. Texas law also requires that the gate allows for locking with a padlock, combination lock, or built-in keyed or card-operated lock.
Propping open gates is prohibited, unless construction, maintenance, or repairs are being performed.
The full list of safety requirements for private and public pools from the Texas Department of Health can be found here.
What to Do If You Have Been Injured in or Around a Swimming Pool?
It’s important that you seek medical attention immediately. If you wait too long, the insurance company might claim that you were not actually as injured as you say. Getting prompt treatment is vital not only to your health, but also to create a medical record that will be helpful to your case.
After you’ve sought treatment at a hospital or urgent care, call Ketterman Rowland & Westlund so we can investigate your accident and begin the claims process. There are many steps we’ll need to take to ensure your injury claim is handled properly. It can be overwhelming for someone to deal with the ins and outs of the legal process on their own. Let us handle the legal legwork so you can focus on your treatment and put the accident behind you.
As soon as you retain us, we will:
- Identify all potentially liable parties
- Investigate the scene of the accident to take pictures and assess any damage or defects in or near the pool that may have caused your injuries
- Get statements from witnesses to your accident
- Gather all the evidence we believe is necessary to prove liability and document the full extent of damages
- Negotiate aggressively for a full settlement, and take your case to court if the at-fault party refuses to pay
Being injured in an accident can upend your life in an instant. Hiring a qualified attorney you can trust is an important step on the road to recovery.
Our lawyers have the experience needed to help you pursue the full compensation you deserve. Contact us today for a free consultation.