Austin Drowning Accident Victim's Rights and Compensation
100 Congress Avenue, Suite 2000
Austin, Texas 78701
One of the benefits of living in the Austin area is that the months of
warm weather make Central Texas an ideal area for those that enjoy the
water. Be it swimming, fishing, water skiing, or just floating down the
Colorado River on an inner tube, there is something in Austin for everyone
who loves the water. But like so many other things that bring us enjoyment,
the warm waters in and around Austin can just as quickly bring tragedy.
Drowning accidents don’t just happen on the public waterways and
at beaches. Every year just as many drowning and near-drowning accidents
occur at the public swimming pools maintained and operated by the city’s
Parks and Recreation Department as well as those operated by the State
of Texas. There are also water parks and other such entertainment venues
that charge admission fees. And then there are the swimming pools that
are found behind more and more homes each year and those found in apartment
complexes or at the dozens of hotels that serve the area.
Regardless of who owns or operates a swimming pool, a public beach or a
water slide, those who are ultimately responsible for the users’
safety have both a moral and legal duty to take whatever steps that are
reasonably necessary to reduce that danger that an accidental drowning
might occur. There are any number of measures that, at first glance, may
seem to meet this responsibility. However, as an Austin drowning lawyer
will tell you, there are no safeguards against drowning that have been
shown to be foolproof.
- Locking the gates to swimming pools: Locking a gate usually doesn’t
mean that there aren’t other ways to enter a pool. Older children
and teens seem particularly good at finding ways around locked gates.
- Posting warning signs: “No Swimming” or “No Trespassing”
or “Swim At Your Own Risk” signs may look impressive, but
they do not look impressive to a child that is too young to read or to
someone who doesn’t understand English.
- “No Lifeguard On Duty” is another sign that seems to deny any
responsibility for accidents, but does it also mean “We Think There
Probably Should Be A Lifeguard, But We Don’t Provide One”?
There are, of course, any number of measures that could have been taken
to prevent an accidental drowning, but none of them can undo what has
already happened. And even though words are never enough to take away
the pain that comes from losing a family member to drowning, sometimes
words are all that are offered by the person or group most responsible
for your loss.
Your Rights in Drowning Accidents
Before a drowning accident happens, you have the right to swim in a safe
environment. You also have the right to know that there are policies and
procedures in place that will deal with an accident. Finally, and most
importantly, you have the right to be compensated for any expenses and
damages that you might incur as a result of an accident.
It is the responsibility of the owner, manager, supervisor, or any other
person who has been given responsibility over a swimming area to insure
that the area is as free of dangers as possible. Should it be discovered
that some hazard was not recognized, or recognized but not corrected,
you have the right to bring a legal action to recover any damages that
were the result of a foreseeable accident.
What an Austin Drowning Accident Lawyer Can Do For You
After losing a family member to a drowning accident no one wants to think
that another human being, let alone a family friend or an acquaintance,
could have been so careless that they could have allowed such a tragedy
to occur. It is also during this most stressful time that we are not thinking
as clearly as we should be. It is at this vulnerable time that many insurance
companies will attempt to draw you into an unreasonable settlement agreement
that is far more favorable to the company than to you.
If you have recently lost someone close to you as a result of a drowning
accident, the Austin drowning accident lawyer at the Doan Law Firm is
ready to be your voice in court. Our Austin drowning accident attorney
will be glad to meet with you whenever you feel that you are ready to
face those whose negligence may have played a part in your loss.
Since it is always our policy at the Doan Law Firm to work only for your
best interests, meeting with our Austin drowning lawyer never creates
an obligation your part. If you decide to have us represent you, we will
always work with you on what is called a contingency fee basis. This means
that our fees and all costs associated with your case are our responsibility
and that we only recover our costs if we win your case.
To discuss your case with an Austin drowning accident attorney at the Doan
Law Firm, call (512) 806-0000 for a free, no obligation, consultation today.