Who is responsible for a drowning accident in Texas?

A drowning accident is absolutely horrifying for anyone involved. If the accident results in death, it can be particularly harrowing; even if it does not result in death, it can cause lasting damage, both physical and emotional, to everyone that is involved.

What is Accidental Drowning?

Accidental drowning is labeled as any impairment to the breathing process as a direct result of being under the water. This can be fatal — and, in many cases, if the person that is drowning does not get help soon enough, it certainly is. That said, it does not have to be fatal to be considered a drowning.

Drowning is not always fatal, if the person that is drowning is able to alert someone that they are in need of help.  If they are able to get CPR immediately from someone who is adequately trained, they may be able to survive the drowning. That does not mean it does not have a massive emotional and physical toll on those who survive it and those who witness it and take care of the survivor.

Who is At Fault?

In general, these cases are governed by premises liability, a term that refers to a collection of laws that determine who is at fault when the feature or condition of a property causes injury. This means that a property owner will be the one who may be held responsible should someone suffer a fatal injury from a pool or other dangerous water feature. However, whether the property owner is liable may depend on who is harmed by the water.

Most states recognize several categories of “entrants,” which is the term used to refer to anyone who makes use of the property. While states may vary a little on how they interpret what kind of entrants there are, there is normally a distinction between invitees, licensees, and trespassers.

Invitees are patrons of a public pool or swimming area, whether they have paid or have accessed the property for free. Premises liability is most strict regarding invitees, and property owners must take all proper precautions to ensure the area is reasonably safe. In most cases, this does not refer to obvious dangers, like slippery surfaces around the water area and inappropriate diving. Property owners may be liable to guests if there is a difficult-to-see obstruction in the water, if safety equipment is poorly maintained or missing, or if it is not clear how deep the water is. Malfunctioning lights and poor water quality may also make it difficult for people to see into the water and may render a property owner liable.

Licensees are people who have been permitted to use a private pool, such as a backyard pool during a party. Premises law is less strict regarding licensees, but property owners must still warn guests about dangers that may not be obvious. For example, if there is a faulty railing near the water’s edge that causes a child to fall into the water, the property owner may sustain liability if it leads to injury.

Accidents Involving Negligence

When it comes to negligence, the tables turn a bit. In cases where there is obvious negligence, the rules of premises liability are not going to be as important. It still matters where the pool or body of water is, whether the person had permission to be there, and what the circumstances of the accident are, but the negligence factor does make it a bit easier to find fault.

A good way to think about it is with an example. Say you are at a public pool, and you paid to be there, but you also signed a liability waiver that absolves the pool from any liability in the case of an accident. This is going to protect the pool, but only to a certain extent. Now, say that the pool does not have the adequate number of lifeguards on duty that are required to operate the pool, and something happens. The liability waiver is not going to matter, because there was obvious negligence on the part of the pool since they did not have the right safety measures in place.

At Terry Bryant Accident & Injury Law, we can help fight your case and get you the settlement you deserve or help your family get the settlement they need if your loved one passed away as the result of a drowning accident.

Why Does Fault Matter?

With something as tragic and complicated as a drowning accident, the fault is a very important factor to establish. When a case like this goes to court, the first thing that the other side is going to try to do is to place the blame or the fault on the person that drowned or on the individual that was responsible for the person that drowned. The reason that they do this is that if they can shift the blame to the victim, they are not going to have to make a payout.

Establishing fault is a huge part of any accidental death case as it helps to firmly establish that the victim and those that were with the victim or responsible for the victim at the time of death were not responsible for the death, and they were therefore not at fault. Your attorney is going to be able to help you establish fault, they are going to be able to work with you to get a case made, and they are going to be able to fight for a fair settlement.

How are Drowning Accident Case Values Determined?

The amount of your settlement is going to be determined by looking at a few factors. First, was the accident fatal or did the individual survive? If they passed, the end-of-life costs are going to be factored in; if they survived, the continuing care costs are going to be a factor. Things like emotional distress for the individual and those that witnessed it will also be considered.

The fault will be factored in, and time off work, pain and suffering and many other factors are also going to be important. Your settlement will be the result of a range of factors, and having a lawyer on your side can help make the process easier overall.

What Can Your Settlement be Used for?

When you do get a settlement for an accidental drowning, you are going to get a settlement based on a few factors. Things like what the overall damages are, was it a fatal drowning, what medical bills are going to be associated with ongoing care, and of course, emotional toll are all going to be taken into account.

The money that you get from a settlement following an accidental drowning can be used for a wide range of things.

• End-of-life expenses such as funeral or cremation in fatal cases
• Paying medical bills associated with the incident
• Emotional distress
• Continuing care if the individual survived
• Support for a family that is left behind in wrongful death cases
• And much more.

Your settlement is meant to help anyone affected by the accidental drowning in the aftermath of the tragedy. If you are dealing with a wrongful death case or an accidental drowning personal injury case, it is always best to get the help of a lawyer.

A lawyer is going to be able to create a case, argue for you, and take some of the stress and worry away from you in the aftermath of this tragedy. It can be so hard to get up and go when you are dealing with a wrongful death or serious injury. A compassionate lawyer can help you lay down some of the worries and focus on healing.

Why Choose Us?

At Terry Bryant Accident & Injury Law, we will not stop until you have a settlement that works for you. We will work with you from the very start to the finish and will help to take some of the stress off you during this trying time. We know how stressful it can be to deal with the aftermath of an accident, and we know that it can be hard to focus and get your case taken care of.

It can be a struggle to just get out of bed when you are recovering from the loss of a loved one or from a tragic accident. We will help take some of the burdens off your shoulders and help you focus instead on the healing process. Let us help you build a case, prove fault, and get a settlement that can be used to help either take care of someone that has survived an accidental drowning or take care of the expenses that are associated with a terrible loss.