Houston Swimming Pool Accident Lawyer Seeking Justice For Your Family

Swimming pools are a great way to beat the Texas heat, but they also pose serious safety risks. The large majority of victims in swimming pool accidents are young children, and sadly, many of their injuries and deaths could have been prevented.

The overwhelming tragedy of a drowning, near-drowning or other pool accident is bad enough without also having to struggle with legal matters. At the Law Office Of Joseph Onwuteaka, P.C., in Houston, I represent individuals and families in swimming pool accident claims. For more than 30 years, I have been successfully handling personal injury cases and helping families heal through achieving a sense of justice. To learn how I can help, call me at 281-661-5333 for a free consultation.

How Do Houston Swimming Pool Accidents Happen?

Negligence can be involved on the part of the swimming pool operator, lifeguard or property owner:

• Many swimming pool accidents are slip-and-fall accidents because the surface near the pool is wet and slick.
• Other accidents may be due to a lifeguard’s error or distraction.
• Defective safety latches on gates or retractable ladder failure can fail to keep small children out of unsupervised pool areas.
• Faulty or missing equipment, such as a drain cover, can also cause a tragedy.

The defendant might be a municipality that governs a community pool or swimming beach. It might be a private water park or facility that provides swim instruction. It might be a homeowner who has a backyard pool.

Serious Injuries Resulting From Pool Negligence In Texas

With my experience, I know how to handle the complex legal issues and catastrophic injuries following swimming pool accidents. These often include:

• Hypoxic brain injuries: These types of brain injuries are from a lack of oxygen to the brain. They can happen in a near-drowning, leading to permanent brain damage.
• Traumatic spinal cord injuries: Shallow diving accidents or missing depth markers can lead to spinal cord injuries. Depending on the severity of the injury, the person may have temporary or permanent nerve damage and/or paralysis.
• Evisceration and suction entrapment: Faulty drain covers or powerful pool filtration systems can seriously or fatally wound a person, especially children. I know how to hold the negligent pool equipment manufacturer accountable.
• Chemical burns: Swimmers may suffer chemical burns or respiratory distress as a result of improper pH balancing or chlorine exposure. Pool areas should be well ventilated to reduce the risk of exposure.

The lives that are changed in these accidents will never be the same and their families will have additional burdens. The small sense of justice that may be won through litigation will provide necessary compensation and may help to prevent similar tragedies.

Swimming Pool Injury FAQs

These are questions I hear quite often from my clients:

What kind of lawsuit do I have with a swimming pool injury?

There are two different variations to this answer. If you or a loved one suffered significant injuries such as fractures or brain injury, then you would pursue a personal injury claim. Specifically, it would be a personal injury claim under premises liability, alleging that the property owner or manager was negligent. If your loved one died as a result of a swimming pool accident, you would have a wrongful death claim.

State-specific laws govern each claim in regard to the type of damages awarded and the statute of limitations for filing a claim. It is always best to seek legal counsel in these matters. As an experienced swimming pool accident litigation attorney, I will listen to your story and advise you of your options.

What type of damages can I recover in a swimming pool accident case?

Compensation in a personal injury claim includes economic damages (medical bills, lost wages) and noneconomic damages (pain and suffering, loss of enjoyment). In a wrongful death claim, the survivors can recover economic damages (loss of the person’s income and household contributions, medical expenses) and noneconomic damages (loss of consortium, loss of the person’s love, support and counsel). In rare cases, punitive damages might apply to punish reckless disregard for life.

Who can file a swimming pool accident claim?

Anyone who sustains unnecessary injuries in a swimming pool accident that was due to the negligence of a third party can file a personal injury claim or wrongful death lawsuit in cases that result in a fatality.

If the accident could have been prevented or was due to the negligence of a third party, your personal injury attorney may be able to recover financial compensation.

When should I file my swimming pool injury claim?

If you think you may have an actionable claim, you should seek legal counsel right away. While the Texas statute of limitations on personal injury and wrongful death claims is generous, you should not wait. Memories tend to fade, witnesses may relocate, and crucial evidence may be permanently lost or destroyed. Giving your attorney the opportunity to start an investigation promptly will help preserve evidence and strengthen your case.

Who will pay if I win my claim?

More than likely, if your claim is won or settled out of court, the money will come from an insurance company. Most people do not have the money to pay a judgment against them and that is where their insurance policy comes into play. It could be the homeowner’s insurance, an employer’s insurance, or a company’s liability insurance that pays out.

Many also wonder, “How much financial compensation will I recover?” The answer to this question will depend on many different factors. The amount of compensation you are awarded will also depend on the severity of the injuries sustained, the type of damages awarded and whether your case goes to trial. Your attorney will be able to give you a reasonably accurate case valuation after the investigation is complete.

How long will it take to resolve my case?

The length of time necessary to resolve your case will depend on many factors, such as the type of claim you file and whether or not you choose to settle out of court. It is possible to receive fair and just compensation before your case goes to trial, but that may not be your best option. The length of time necessary to resolve a swimming pool accident lawsuit may range from a relatively short period to several months or more.

How do I know if a residential swimming pool is safe?

If you are thinking of buying a home with an existing swimming pool, you’ll want to make sure that it is safe for your family. Faulty pool equipment, such as dangerously designed pools, improper drains that create suction, or diving boards that malfunction, causes a large majority of serious swimming pool injuries.

The best way to make sure that your family doesn’t fall victim to an injury is to have your swimming pool inspected by a licensed, reputable company and make any repairs that they suggest. Even if you have already purchased a home with a pool, this can still be a good move. It may protect your family as well as others from a senseless tragedy. Children should always be under adult supervision and proper pool fencing should be in place to prevent accidental drowning or near-drowning incidents.

Contact A Dedicated Houston Personal Injury Attorney Today

If you or a loved one has been severely injured or lost their life in a preventable swimming pool accident caused by someone else’s negligence, contact the Law Office Of Joseph Onwuteaka, P.C., today.

Call 281-661-5333 or contact online to schedule a free consultation. As an experienced, aggressive personal injury litigation attorney, I represent clients in Houston, Texas, and the surrounding areas.