Swimming Pool Accident Attorney in San Antonio

Texas Premises Liability Law & Swimming Pool Accidents

In Texas, the duty a property owner owes to someone at their pool depends on why that person was there. Invited guests, such as residents at an apartment complex or paying customers at a hotel, are classified as invitees and receive the highest protection: the owner must regularly inspect the property, repair known hazards, and warn of dangers that aren’t obvious. Social guests fall into the licensee category and must at minimum be warned of known dangers. Trespassers generally receive limited protection, but children are treated differently.

The attractive nuisance doctrine can extend liability to a pool owner when an unfenced or easily accessible pool draws in a child too young to recognize the danger it presents. To establish liability under this doctrine, the evidence typically needs to show the owner knew or should have known children were likely to wander near the pool, that the hazard posed an unreasonable risk of harm, and that securing or fencing the pool would not have been a significant burden compared to that risk.

To pursue a premises liability claim more broadly, the injured party must show the owner knew or should have known about the dangerous condition, failed to correct or warn of it, and that this failure directly caused the injuries and resulting damages.