Dallas Drowning Lawyer
2911 Turtle Creek Blvd. Suite 300
Dallas, TX 75219
Call (214) 307-0000
It is a sad fact that drowning accidents are all too common in the DFW – North Texas area. According to one child safety advocacy group, 75 Texas children drowned in 2015, with almost half of those drownings occurring in pools. Dallas County accounted for 9 of those deaths, while Denton, Collin and Tarrant counties accounted for another 12 deaths.
All drowning accidents do not have to end in a death to be disruptive to family life. Cases of near-drowning will often require that the victims receive constant nursing care for the rest of their lives. The cost of such care can easily run into the tens of thousands of dollars!
In the days and weeks following a drowning or near-drowning accident, questions will arise as to how such an accident could happen. In many cases it will later be discovered that the accident could have been prevented if the location where the accident occurred had only been better protected against entry by a curious child or, perhaps, if a lifeguard had been on duty.
State and Local Laws Regarding Swimming Pools
Under the civil laws of Texas, a swimming pool is considered to be an “attractive nuisance.” The attractive nuisance doctrine holds a landowner liable for injuries to children trespassing on the landowner’s property if the injury is caused by an object on the land that is likely to attract children. Objects that have been classified as attractive nuisances include abandoned cars, refrigerators, old appliances and, of course, swimming pools.
The State of Texas, as well as most cities and towns within the state, have regulations that were enacted in the interest of safety at all swimming pool locations. For the State of Texas, these rules are set forth in Section 757 of the Texas State Health and Safety Codes.
In general, Section 757 states that:
- all pool fences must be at least four feet high
- pool fences cannot be constructed using chain link fence material
- fence gates must self-close and self-latch automatically and latches must be installed in a position and manner that makes it difficult for children to open and close the latch
- when pools are not in use, pool gates must be securable by either a padlock, combination lock, or card-operated lock
- all chemicals and pool maintenance tools must be stored in locations that are secure against their accidental use
Responsibility in Drowning Accidents
It is responsibility of the property owner and the owner’s agents to insure that every reasonable precaution has been taken to prevent accidental injury to any visitor. In the case of swimming pools or other area where recreational swimming is likely to take place, this includes having a lifeguard on duty and access to water safety and rescue equipment. In the case of undeveloped areas such as rivers, lakes, or ponds, the landowner (e.g. a city, town, county, or state government) is responsible for securing the area against unauthorized use.
Contacting a Dallas Drowning Accident Lawyer
Despite our best efforts, drowning and near-drowning accidents occur every year in the DFW area. Many of these accidents involve children who gain access to swimming pools without the knowledge of the child’s parents or the property owner where the pool is located.
After a drowning accident, it is natural to ask “what if” questions. If the answers to those questions begin to suggest that the accident could have been avoided, the questions then turn to who was responsible for the conditions that led to the accident.
If a member of your family has been the victim of a drowning accident and you are unsure as to what course of action should be taken, you should consider contacting the Dallas drowning accident lawyer at the Doan Law Firm by calling (214) 307-0000 to discuss the facts of your drowning accident and to review your possible courses of action.
When you contact the Dallas drowning lawyer at the Doan Law Firm, your first consultation is always free and without obligation. We will suggest a course of action but the decisions are always left up to you.
Should you decide to retain our firm, we will never ask you to pay any fees or charges related to your case. We will assume full responsibility for all financial arrangements that are necessary for us to win your drowning accident case in return for an agreed-upon percentage of your final settlement.
Let us help you seek justice in your drowning accident case by seeing that you receive the settlement that you deserve.
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