Our Swimming Pool Accident Lawyer Helps Win Compensation
Swimming pool accidents and drownings can occur in private pools or in public facilities such as hotels, motels, apartment complexes, and parks. Tragically, these accidents often involve young children. However, teenagers and adults are at risk, too, especially when accidents are the result of poor maintenance or management. When negligence is present, a single mistake might cause serious injuries such as brain damage or paralysis, or even prove fatal.
Swimming pool owners and operators, like other property owners, are responsible for making sure their premises are safe and properly maintained and must fix dangerous conditions to prevent injury to others. When a pool owner failed to maintain safe conditions and you or a loved one was injured or someone has died in a swimming pool accident, you may be able to receive compensation through insurance or a premises liability lawsuit. However, Texas laws are complicated, and insurance companies will try to get you to settle for the lowest amounts possible or even try to put the blame on the victim, so it’s difficult to get compensation on your own.
Fortunately, there is help available from the Houston swimming pool lawyers at Terry Bryant Accident & Injury Law. Our attorneys understand that the effects of a serious swimming pool accident can be devastating, and that you may be facing mounting medical expenses at a time when you may be unable to work. We know the laws, the system, and the tactics insurance companies use to avoid paying, and we are fully prepared to fight for the compensation you deserve. Let us take the burden off you by handling all legal requirements and negotiations, so you can concentrate on rebuilding your life.
We offer a free consultation to discuss the facts of your case and determine the best way to move forward. There are no costs to you unless and until we win your case, so call us today to get started at (713) 973-8888 or toll-free 1 (800) 444-5000.
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Why Choose Our Swimming Pool Attorneys
Texas laws regarding accident cases can be complicated, and insurance companies and their attorneys will often attempt to deny claims or pay out the lowest amount possible. That’s why it makes sense to have an experienced personal injury lawyer working to get you fair and optimum compensation. There are many lawyers out there, but we believe Terry Bryant Accident & Injury Law is your best choice. Here are some reasons why:
- We have more than 35+ years of experience.
- We get results, and have recovered $1 billion for our clients. Visit our client victories page to read about real cases — and real money — the dedicated attorneys at Terry Bryant Accident & Injury Law have won.
- We know how to deal with insurance companies and can often win a settlement through negotiations, without having to go to trial.
- We provide great customer service and are available 24/7 for client emergencies.
- Terry Bryant and two additional attorneys are board certified.
- We have a 98% positive group of satisfied clients who give testimonials to our service.
- We are recognized in our field — our law firm has received the Better Business Bureau’s Winner of Distinction Award multiple times.
- We offer free initial consultations to get you started.
- We have the resources of a skilled legal team, investigators, and expert witnesses.
- We offer a No-Fee Guarantee, which means you pay us nothing unless you get your money.
At Terry Bryant Accident & Injury Law, we know how to hold responsible parties accountable for damages due to their negligence. We win big money for our clients — let us fight to win for you. Call us today at (713) 973-8888 or toll-free 1 (800) 444-5000.
How Our Swimming Pool Accident Attorneys Work for You
When you hire our attorneys at Terry Bryant Accident & Injury Law, we start working for you immediately. It is our job to investigate how the accident happened, determine who is liable, and act accordingly. We will:
- Meet with you to discuss how the accident happened and who might have been at fault. We will determine whether you have a valid case and what it should be worth.
- Make sure you get proper medical care and that all injuries are documented.
- Investigate the scene of the accident to assess any damage or defects in or near the pool, or lack of proper fencing or signage.
- Gather evidence from photos and videos, police and accident reports, medical records, and interviews with witnesses and first responders.
- Hire relevant expert witnesses to demonstrate negligence as well as assess the effects of the accident and the costs you will have into the future.
- Negotiate aggressively for a full settlement with insurance companies and attorneys.
- Build your case and take it to court if necessary.
Most cases settle out of court, but should negotiations break down, we are fully prepared to go to trial. When insurance companies realize you have our attorneys on your side who are ready to go to court, they are more apt to come up with a fair settlement.
Damages Our Houston Pool Accident Lawyers Help Recover
In a successful lawsuit, our Terry Bryant Accident & Injury Law attorneys can win an award for both your monetary costs, called “special damages,” as well as your non-economic damages, called “general” damages. Economic damages cover your calculable costs and bills, and non-economic damages are for intangibles — such as pain and suffering — that do not have a specific dollar value but negatively impact your life.
There are many expenses and losses for which you can seek compensation after a swimming pool accident. These include:
- Medical, hospital, and surgical costs
- Rehabilitation and therapy costs
- Ambulance services
- Dental work
- Future treatment costs
- Lost wages from being unable to work
- Reduced earning capacity for the future
- Physical, mental, and emotional pain and suffering
- Loss of companionship and consortium
- Disfigurement and scarring
- Loss of quality and enjoyment of life
- Funeral costs, if a death is involved.
To qualify for non-economic damages in Texas, you must have had physical injury and costs in addition to developing emotional trauma because of the accident.
In rare situations when the accident was caused by actions that were wantonly reckless and negligent, you may also be awarded punitive damages. Texas law puts caps on the amount of punitive damages. (C.P.R.C. Title 2 Subtitle C Chapter 41)
Houston Swimming Pool Drowning Lawyer Must Prove Negligence
To win your case, our Houston swimming pool lawyers would have to show that another party, the defendants in the case, were negligent and at fault for the accident that caused your injuries. Many factors can contribute to an injury or drowning incident. Since most swimming pool accidents are preventable with basic safety measures, owners who fail to take these measures can be held liable for negligence.
The Texas Department of Health has numerous laws, rules, and regulations for public swimming pools and spas, and Texas premises liability laws apply to both public swimming pools and those at private residences.
Pool owners and operators have a duty of care to prevent injuries to others, including invited guests, customers, visitors, and even minors who trespass onto the property, as a swimming pool is considered an “attractive nuisance” to children. If a defendant knows about a hazard, or should know about a hazard, and does not fix it or warn about the danger, the defendant may be found negligent in a lawsuit and be liable for damages.
To win your case, our attorneys would have to prove:
- The defendant knew or should have known about the hazard.
- They violated that duty by failing to fix or warn about the hazard.
- This violation caused the accident.
- You suffered damages as a result.
If someone is invited onto the property, or the property is open to all, then the property owner must alert all guests of hidden dangers around the water; provide safety equipment; maintain fencing; and keep all lights, drains, and ladders in good working condition. These protections are not extended to people who trespass on the property, except for young children, who are considered particularly vulnerable to swimming pool and drowning accidents and must be kept out by secure fencing.
Swimming Pool Accident Attorneys Know Risks
Our swimming pool accident lawyers know what to look for to show negligence when our clients are injured in a swimming pool accident. Some of the factors that cause the most risks include:
- Unfenced water – The risk of fatal injury to young children decreases by about 80% if the water is fenced on all four sides, not just protected by property fencing.
- Overcrowded water – In especially crowded water, a lifeguard may not be able to see someone who is struggling to stay above the water’s surface.
- Missing barrier or signage pointing out deep water – Just cordoning off the deep areas with rope can give parents and lifeguards enough time to notice a child attempting to enter deep water.
- Murky water – Poorly treated water will eventually become so cloudy that it is nearly impossible to see into from a distance.
- Lack of safety equipment and personnel – Shepherd’s hooks and throwing ropes must be available to rescue people from the water, and lifeguards may also be required in some instances.
- Malfunctioning lights, drains, or ladders – These provide a safe experience for people in the water; and if any are not functioning correctly, it might be impossible to exit the water safely or see into it at night.
When one of these factors causes swimming pool and drowning accidents, liability will be determined using premises law. Premises law outlines who is responsible for injuries that occur due to a property feature.
In general, whoever owns and is responsible for managing the water or pool will be liable if anyone is harmed due to negligence, and an injured person can file a premises liability, personal injury, or wrongful death claim against the property owner or other negligent party.
In some swimming pool cases, there may be multiple negligent parties responsible, and our attorneys would look to find them all, as they all may have assets and insurance that can go toward a settlement. Negligent parties may include:
- Homeowners of a residential pool
- Corporate owners of a private pool such as in gyms, hotels, and apartment complexes
- Government entities that own public pools, community pools, and school pools.
Swimming Pool Accident Lawyers Deal with Wrongful Death
When a loved one dies in a swimming pool accident that was due to the negligence of another party, the effect on surviving family members is devastating. While no amount of money can ever replace your loved one, our swimming pool accident lawyers may be able to bring a wrongful death lawsuit that can ease the financial burdens caused by the death and help your family go on with their lives.
A successful wrongful death lawsuit can bring compensation that pays for the deceased person’s lost income and medical bills prior to death and help alleviate the mental anguish of those left behind. It can also serve to bring the responsible party to justice and help prevent similar drowning incidents from happening to others in the future.
Under Texas Law (CPRC Title 4 Chapter 71 Subchapter A), the representative of the deceased’s estate, or the surviving spouses, children, and parents of the deceased can bring a lawsuit, either individually or as a group. The death does not have to be deliberate or intentional to be wrongful; it only has to be shown to have occurred through some act that the party negligently did or failed to do. Compensation in a successful wrongful death claim is divided between eligible surviving family members.
Call Our Houston Swimming Pool Accident Lawyer for Help
After a serious pool accident, the experienced and compassionate swimming pool lawyers at Terry Bryant Accident & Injury Law are here to take the burden off you and fight for the compensation you and your family deserve. No matter what your situation, when you have our legal team on your side, you as a victim are taking the first step in receiving the necessary financial help you need to recover from the harm you suffered and ensure that those who are at fault are held accountable.
Don’t delay as there are time limits for filing. Texas has statutes of limitation, which are deadlines for filing cases, after which the courts are unlikely to hear your case. According to the law (CPRC Chapter 16, section 16003), for personal injury, claims must generally be filed within 2 years after an injury occurred. If the injury resulted in a wrongful death, claims must be filed within 2 years after death. (*Always speak directly to an attorney for the exact deadlines that apply to your potential claims.)
Call Terry Bryant Accident & Injury Law at (713) 973-8888 or toll-free 1 (800) 444-5000 for your free case evaluation to get started and allow time to investigate and build your case. There are no fees to you unless and until you win your case, so call us today.