Swimming pools are one of the most common and enjoyable ways to beat the Texas heat. Texas summers are hot, and many Texans have or know someone who has their own swimming pool. For those who do not, public swimming pools offer a respite and make for a great family activity.
Unfortunately, while swimming pools are refreshing and fun, they can also be dangerous. Swimming pool accidents can radically alter the lives of all those involved.
Texas Swimming Pool Laws
In Texas alone, 76 children lost their lives in pool drownings in 2021. Many swimming pool deaths and injuries are preventable. In fact, Texas law requires multi-unit rental property owners and property owner’s associations that operate pools to meet specific and reasonable requirements concerning pool maintenance and safety. These measures often require the above pool owners and operators to have:
- Pool covers
- Self-latching gates
- Fences surrounding the pool area: The fences need to be at least 48 inches high and have gaps of no more than four inches
Texas law also requires these pool owners and operators have a pole and rope in the area in case either is needed to help a struggling swimmer.
Pool Injuries and Texas Premise Liability Laws
The obvious injury most people are concerned about when it comes to pools is drowning. However, while fatal drownings are a real concern, other non-fatal injuries can occur when in or near a pool. These injuries can have a lasting impact and cause significant damage to a swimmer’s brain or body.
Pool drains have been known to cause injuries to swimmers’ bowels and neck injuries can occur when diving head first into a pool of insufficient depth. Dangerous bacteria, like Cryptosporidium, may also cause swimmers to become ill if there is an insufficient amount of chlorine in the pool.
Whatever the injury in question might be, you might be eligible for compensation under Texas premise liability laws. Pool owners and operators (whether an individual or a private business) are responsible for adequately maintaining their pools and communicating to visitors and guests if there is a potential safety hazard in the pool or the area surrounding the pool.
If an owner or operator of a pool fails to adequately maintain their pool or fails to follow the necessary Texas laws governing pool ownership and maintenance, they could be found negligent and therefore liable for any injuries and damage incurred in their pool.
Texas Premises Law and the Attractive Nuisance Doctrine
Unless gross negligence or an intent to harm is involved, property owners in Texas cannot be held liable for injuries sustained on their property if the injury occurred to someone who was trespassing on their property.
The one exception to this rule is known as the attractive nuisance doctrine which finds pool owners liable for physical harm caused to young children as a result of negligence regardless of whether or not they were trespassing.
What this means is that a pool owner who has failed to follow Texas swimming pool laws would likely not be liable for injuries suffered by an adult trespasser, but would be liable for injuries suffered by a child trespasser.
Of course, if someone who is invited as a guest or is on the premises because they were hired for a job is injured as a result of the pool owner’s negligence, the injured party could consider legal action against the pool owner.
Swimming Pool Product Liability Cases
Not every pool injury, however, is the result of the pool owner’s negligence. In some cases, the pool owner may have adequately maintained their pool and followed all necessary Texas swimming pool laws, only to have someone using the pool injured because some part or component of the pool malfunctioned.
This would not be a premise liability case but rather a product liability case. In product liability cases, the injured party files a claim against the manufacturer of a product because they suffered injury as a result of using that product for its intended purpose.
How a Swimming Pool Accident Lawyer Can Help You
Texas swimming pool accidents can cause permanent and sometimes fatal accidents. These cases can often be complex which is why it is recommended to seek guidance from an experienced lawyer who can help compile evidence and build a strong claim on your behalf.
Contact one of our swimming pool accident lawyers at Simmons and Fletcher, P.C., today to learn more about your rights.
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