When Is a Public Swimming Pool Liable for Accidents?

Public swimming pool owners and managers have a duty to maintain their pools in a safe condition and to warn if there is a potential safety hazard in the pool or the area surrounding the pool to reasonably protect the public from undue harm. If they fail to do so or fail to follow the necessary Texas laws and rules governing pool ownership and maintenance, they could be found negligent and liable for any injuries and damage that result.

If you or a loved one has been injured or someone has drowned due to negligence on the part of a pool owner or operator, you may be entitled to compensation for your injuries through insurance or a personal injury lawsuit. While no amount of money can make up for the pain and suffering from a serious injury, compensation can ease your financial burdens, pay for needed care, and allow you to focus on your recovery.

Pool injuries are categorized as “premises liability” cases, and they are based on the principle that a property owner has the responsibility to keep their premises safe from hazardous conditions. However, Texas premise liability laws are complicated, and the measures that must be taken and the amount of liability depends on many factors, so to get the compensation you deserve, it is a good idea to consult with a personal injury lawyer familiar with pool injury cases.

When Is a Public Swimming Pool Liable for Accidents?

Swimming pool accidents can happen for a number of different reasons, and public swimming pool owners and operators are not automatically liable for all accidents in and around the pool.

However, Texas recognizes that the owners of public pools have a duty of care to ensure the safety of members of the public who are invited to use the pool. In Texas, a public pool owner can be held liable for failing to provide safety equipment or lifeguard supervision (if a lifeguard is required), or for negligent maintenance that resulted in hazardous conditions. The pool owner must also warn of hidden dangers such as water that is too shallow for diving, and must adequately fence the pool to prevent unauthorized access by children.

Depending on the circumstances, the parties that might be liable in Texas public pool accidents include:

• Government entities that own community, school, or public pools.  In Texas, recreational facilities including public swimming pools are considered to be a governmental function for claims under section 101.0215 of the Texas Tort Claims Act (TTCA). However, suing a government entity is difficult because the TTCA protects the government from civil lawsuits.
• Corporate owners of a commercial or private pool, such as hotel pools, gym and recreational center pools, neighborhood pools, and pools in apartment complexes and campgrounds, if they failed to operate pools to meet requirements set out in the Texas Health and Safety Code Chapter 757 concerning pool maintenance and safety. These requirements may include having pool covers, self-latching gates, pool-surrounding fences at least 48 inches high, and having a pole and rope in the area to help rescue a struggling swimmer.
• The manufacturer or distributor of a defective swimming pool part, such as a defective drain grates that allowed a child to be sucked under may also be found liable.

When is a Public Pool Liable For Accidents Or Sudden Illnesses?

When someone has an accident or gets a sudden illness at a public pool that does not involve negligence of another party, it would be difficult to hold the pool owner or operator liable.  However, if the accident or sudden illness involved negligence – for example if a swimmer got sick from dangerous bacteria like Cryptosporidium because the pool was not treated properly with chemicals – it may be possible to hold the pool owner liable.

According to the law, a pool owner may be held liable for harm to another person if:

• The condition of the pool property posed an unreasonable risk of injury;
• The owner was aware (or reasonably should have been aware) of the risk and failed to remedy the dangerous situation;
• The owner breached the duty of care by failing to warn of the dangerous condition.

Proving Negligence is Essential to Holding an Entity Liable

In order to win your case, your attorney must investigate the pool accident and produce evidence to show that another party, the defendant in the case, was negligent and at fault for your injuries. This means showing the following legal elements:

• Duty: The defendant had a duty not to cause harm by keeping the pool safe
• Breach: The defendant breached this duty by actions or failure to act
• Causation: This breach caused the accident that led to your injuries
• Damages: You suffered actual damages as a result.

To establish the defendant’s liability, your attorney must demonstrate that a dangerous condition existed, that the defendant knew about the condition or should have foreseen it, and should have anticipated the reasonable possibility that it could result in injury to another.

Sometimes there are multiple parties who were negligent and at fault, such as when there are several owners of a property or when a management company responsible for repairs neglected to make them.  Your lawyer should seek to identify all responsible parties and name them as defendants in the case, as they all may have insurance and assets that can go towards a settlement.

Read on to learn about situations when a public swimming pool is liable for accidents.

What are Some Dangers Associated With Public Pools?

Many public swimming pool accidents and injuries can be prevented with proper safety precautions and supervision of children using the pool. Common dangerous conditions that cause public swimming pool accidents include:

• Improper or malfunctioning pool lighting at night. No emergency lighting source for backup in case of power loss.
• Inadequate staffing and improper rescue procedures — Untrained, negligent, or absent lifeguards, when lifeguards are required
• Failure to warn of hidden dangers, such as water that is too shallow for diving, and slippery areas around the pool.
• Lack of markings and/or restraints to section off the deep end
• Missing or broken safety equipment
• Negligent pool maintenance
• Lack of access restrictions (for example, fencing around the pool)
• Overcrowding
• Drain grates that are not well-installed or are not maintained and properly functioning.
• Glass and sharp objects in or near the swimming pool
• Use of unapproved chemicals in the pool, or inadequately treated pool water
• Plumbing cross-connection between tap and swimming pool water, which exposes tap users to serious health concerns like cholera.

How Common Are Pool Accidents?

Pool accidents are relatively common occurrences and can have tragic results. According to the Texas Department of Family and Protective Services, in Texas alone, 76 children lost their lives drowning in pools in 2021. The Center for Disease Control and Prevention states drowning kills about 4,000 people each year in the United States. Drowning is the number two cause of accidental death in children ages 15 and under (behind vehicle accidents). For adults, it’s the 5th leading cause of accidental death.

In addition, other non-fatal injuries that cause significant damage to a swimmer’s brain or body often occur in or near a pool. For survivors, the oxygen starvation can result in life-altering injuries. According to research done by Phoenix Children’s Hospital, between 5% and 20% of drowning survivors often experience brain trauma that results in the inability to walk, speak, or even feed themselves.

Sadly, many swimming pool deaths and injuries are preventable and are caused by negligent behavior such as swimming while intoxicated, swimming alone after a pool has been closed, or engaging in dangerous horseplay. However, when there is negligence on the part of a pool owner or operator, the victims of public pool swimming accidents are entitled to compensation.

Call our Swimming Pool Accident Lawyers for Help

In case of an accident in a public swimming pool, it’s always best to seek consultation from a personal injury lawyer. Proving liability may be difficult, but the personal injury lawyers at Terry Bryant Accident & Injury law have the experience and resources necessary to investigate how the accident happened, compile evidence, and build a strong claim to help you get the compensation you need.

When you have Terry Bryant on your side, we will:

• Meet with you to hear about how the pool accident happened, determine who the responsible parties may be, if you have a valid case, and what kind of settlement to go after.
• Make sure you get proper medical treatment and everything is documented.
• Investigate your case and gather evidence such as from photos, videos, medical records, police reports, and interviews with witnesses and first responders.
• Get testimony from experts as to the harm you received, the costs involved, and how your injuries negatively impact your life and family
• File all necessary paperwork and correspond with insurance companies, negligent parties, and their attorneys.
• Negotiate aggressively for a fair settlement with insurance companies and other attorneys to avoid going to court.
• Build your case and take it to trial if necessary.

At Terry Bryant Accident & Injury Law, we achieve successful outcomes for our clients and have a long record of success. Terry Bryant is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization) as well as a former judge. Our team is handpicked for their work ethic, skill, knowledge, and ability to provide exceptional service to our clients.

$1 Billion recovered for clients, 35+ years, 3 Board Certified attorneys

We go the extra mile to keep you informed and answer questions about your case. We know the courts, the judges, and the system, and how to fight for the settlement you deserve.

Call us today at (713) 973-8888 or toll-free 1 (800) 444-5000.