Houston Pool Accident Lawyer

After suffering injuries while visiting someone else’s property, Texas personal injury regulations may allow you to collect compensation. This type of case falls under an area of law called premises liability. Personal injury laws protect you by making it possible to hold negligent property owners and possessors financially liable when their actions (or lack of actions) cause others harm. 

The legal process is complex and requires following civil court and statute guidelines to secure a settlement for damages. If you need help building a case, schedule a meeting with a Houston pool accident lawyer. Our team of skilled premises liability attorneys can help you fight for the compensation you deserve. 

Common Swimming Pool Accident Causes 

The most common swimming pool accident causes in premises liability lawsuits include: 

  • Slippery surfaces leading to slip-and-fall accident injuries 
  • Diving incidents, such as entering where the water is too shallow, leading to spinal cord or brain injuries 
  • Electrocution from faulty wiring 
  • Lack of fencing around the pool area, allowing young children to access the swimming pool while unsupervised 
  • Defective or malfunctioning equipment, such as drains, diving boards, and slides 
  • Failure to supervise the pool while children swim 
  • Alcohol consumption leading to impaired judgment and accidents 

When a property owner or manager’s negligence causes an accident, a Houston pool accident attorney can help you build a claim by establishing the elements of liability.

Establishing Liability 

Duty of care is a legal obligation on property owners, requiring them to take precautions and protect visitors entering their property from suffering harm in avoidable accidents. To win damages for swimming pool accident injuries, your claim must show the civil court that the following specific elements exist: 

  • Breach or violation of duty of care—occurs when the person responsible for the premises fails to address a dangerous condition 
  • Causation—the direct link between the landowner’s negligence and the accident and injuries the plaintiff sustained 
  • Verifiable damages and losses—evidence that the plaintiff sustained verifiable damages and losses due to the defendant’s carelessness 

A dedicated pool accident attorney in Houston could review your case to determine whether each component necessary to prove fault is present, allowing you to move forward with a lawsuit. 

The Attractive Nuisance Doctrine and Statute of Limitations 

The attractive nuisance doctrine is a principle recognized in many states across the country that holds the property owner liable for injuries children sustain by gaining access to their property. According to the information provided by the Texas State Law Library, the doctrine protects young children who do not understand the dangers and risk of injury from certain objects with the potential to be hazardous, such as swimming pools. If the person responsible for the property fails to prevent children from entering, such as having the area fenced in, the court could hold them financially liable for any damages. 

The case must show that the landowner knew—or should have known—that children would be interested in the swimming pool and that entering without adult supervision could cause them harm. The claim must also show that the cost of keeping children out of the area is minor compared to their potential to sustain severe injuries and that the property owner failed to act reasonably. 

You must also file suit within two years after your injury to comply with Texas Civil Practice & Remedies Code § 16.003. In most cases, after two years, you lose your right to sue after sustaining an injury due to another person’s negligence. 

During your consultation, a lawyer in Houston could answer questions about the applicable statutes in your pool injury case, including the attractive nuisance doctrine and the statute of limitations. 

Speak to a Skilled Pool Accident Attorney in Houston 

You may pursue compensation if you or a loved one sustained severe injuries in a swimming pool accident on someone else’s property. Property owners and managers with a swimming pool on the premises must ensure the area is safe to prevent causing harm to visitors they invite to enter. 

Personal injury regulations allow you to hold the responsible party accountable when they are negligent. Contact an experienced Houston pool accident lawyer today to learn more.

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Benjamin Roberts Attorney at Law
Practice Areas

Below are just some of the more common types of cases that Benjamin Roberts represents personal injury clients.
For a full list of the cases we handle, please see the Practice Areas link at the top of the page.

Benjamin Roberts Attorney at Law

Benjamin Roberts Attorney at Law
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