Pursuing Justice For A Tragic Swimming Pool Accident
Swimming pools are a great way to beat the Texas heat, but they pose serious safety risks. The large majority of victims in swimming pool accidents are young children, and sadly many of these injuries and deaths could have been prevented.
There is a high incidence of permanent brain injury associated with near-drowning experiences and a high incidence of spinal cord injuries with diving accidents. The young lives that are changed in these accidents will never be the same and their families will deal with additional burdens. The small sense of justice that may be won through litigation is only a band-aid, though it may help to prevent similar tragedies.
The overwhelming tragedy of a drowning, near-drowning or other accident is awful enough without also having to deal with legal matters. For more than 30 years, I have been successfully handling accident litigation and helping families heal through some sense of peace.
How Do 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 lifeguard 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 drain covers 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.
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 non-economic 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 non-economic 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 of time 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 which create suction, or diving boards that malfunction, cause 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 another 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 have been severely injured or worse in a preventable swimming pool accident caused by someone else’s negligence, contact 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.