Austin Apartment Pool Drowning
100 Congress Avenue, Suite 2000
Austin, Texas 78701
For prospective apartment renters, not having a swimming pool on the property
is almost always a “deal breaker.” In fact, most apartment
leasing agents will tell you that a swimming pool is one of the first
things they are asked about. Most of the time, a swimming pool will remain
something that is nice to have close at hand during those hot summer afternoons
that Austin is so famous for. Unfortunately, there are times when the
swimming pool that we had enjoyed only days before becomes the scene of
almost unbelievable tragedy when a drowning accident occurs.
Who Is Held Responsible For Drowning Accidents In Apartment Swimming Pools?
Apartment pool drowning accidents are an example of what is called an “attractive
nuisance.” An attractive nuisance is a situation where the mere
presence of an object is so enticing that even the most cautious adult,
much less a child, could “throw all reasonable caution to the wind”
and do something that they know is ill-advised. As an example, a child
may know that he or she is not to go swimming in the apartment pool unless
an adult is present. If, however, the child finds the swimming pool gate
unlocked, he might reason that just a few minutes in the kiddie pool would
be alright. In this case, the pool would be the attractive nuisance while
the unlocked gate could be taken as evidence of negligence.
Under the attractive nuisance doctrine, the “owner” of the
nuisance is assumed to know that the nuisance would pose a danger to a
child. In the apartment swimming pool example, the apartment complex becomes
the “owner” and the swimming pool is the “attractive
nuisance.” The apartment complex then becomes liable for any injuries
or deaths that occur in its swimming pool because it knew that the pool
was a danger to children and that it should have taken every possible
precaution to prevent the child from entering the pool.
As any Austin drowning accident attorney knows all too well, drowning accidents
need not be fatal in order to be devastating. There are many cases in
which the accident victim will survive, but with a brain injury caused
by a lack of oxygen. Such injuries usually require months of specialized
care and rehabilitation, and then a lifetime of profound disability that
will eventually result in the survivor’s admission to a long-term
How Do Apartment Swimming Pool Accidents Occur?
Whenever we hear that there has been a drowning accident in an apartment
swimming pool, the first question most of us will ask is “How could
that have happened?” The answer to that question is usually that
some factor which no one had noticed managed to enter the picture at precisely
the wrong time. An Austin apartment drowning lawyer will usually state
that the more common factors that lead to accidental drownings in Austin-area
apartment complex swimming pools are:
- unlocked gates or defective locks on gates
- no lifeguard, or an inexperienced lifeguard, on duty
- defective pool equipment such as diving boards or ladders
- live electrical equipment operating too near to the water
- improperly-stored pool cleaning chemicals or equipment
Do I Need An Austin Apartment Drowning Lawyer
Once again, the responsibility for an apartment swimming pool drowning
accident is always assumed to rest with the apartment complex and it is
the apartment complex’s responsibility to prove that it is not liable
for damages that are the result of an accident!
The Centers for Disease Control and Prevention and the National Safety
Council have reported that 76% of all swimming pool drowning deaths involve
children five years of age and under. As any Austin drowning lawyer knows,
this is also the case in Austin.
Finding an Austin Apartment Pool Drowning Lawyer
If you need to talk with an Austin apartment pool drowning lawyer, you
should consider calling the Austin drowning accident attorney at the Doan
Law Firm. Our Austin drowning accident lawyer will work with you and one
of our accident investigators to determine the facts involved in your
apartment pool drowning case before suggesting a course of action.
If you decide to pursue legal action regarding your drowning accident case,
the Austin drowning lawyer at the Doan Law Firm will work for you on a
no up-front costs basis. This means that we will assume responsibility
for all necessary legal filings, interviews, and any other expenses that
may arise as your case moves through the courts. We will recover our fees
and expenses out of an agreed-upon percentage of your case settlement.
To arrange a consultation with an Austin drowning lawyer at the Doan Law
Firm, you should call 1-800-349-0000. At the Doan Law Firm, you first
consultation is always free and you are never under any obligation to
retain our firm should you decide to pursue your Austin drowning accident case.