Swimming pools offer Texas families a way to cool off. However, when safety is neglected, especially by negligent property owners or businesses, they can lead to tragic accidents—often involving children. You may be entitled to pursue a legal claim if you or a loved one has been harmed due to unsafe conditions at a private or public pool, including lack of supervision, inadequate maintenance, or violations of safety regulations. A premises liability lawyer can file an insurance claim or premises liability lawsuit on your behalf.
At D. Miller & Associates, PLLC, we offer free case evaluations to people injured in swimming pool mishaps and help victims and families understand their rights under Texas law. A trusted personal injury lawyer in Katy from our firm can handle cases involving negligent pool owners, unsafe premises, and fatal drowning incidents. If this has happened to you, we encourage you to reach out and discuss your options.
Legal Liability for Swimming Pool Accidents and Drowning in Katy, TX
Liability often depends on several key factors, including the legal status of the person on the property. Texas law distinguishes between invitees and licensees, who are lawfully present—such as guests or those with permission to enter—and trespassers, who generally have no legal right to be there. Courts also consider whether the risk of harm was foreseeable and whether the property owner took reasonable steps to prevent injury.
When children are involved, the law imposes heightened responsibilities on property owners. Under the attractive nuisance doctrine, a property owner may be held liable if a hazardous feature—such as an unfenced or inadequately secured pool—entices a child onto the property, resulting in injury or drowning. This legal principle applies to conditions likely to attract children, who may not fully grasp the danger involved due to their age and immaturity.
Public vs. Private Pool Liability
In Texas, private pool owners have a legal duty of care under premises liability law to ensure that lawful visitors are not exposed to unreasonable risks of harm. If someone is injured or drowns due to unsafe or poorly maintained conditions, the homeowner may be held legally liable, especially if the hazard was known or should have been known and not properly addressed.
Public pool operators in Texas—whether municipal facilities, hotels, gyms, or apartment complexes—have a legal obligation to maintain a safe environment for all patrons. These facilities are held to a higher standard of care due to the nature of public access and the number of people they serve. Failing to meet safety requirements can result in liability.
Working with a seasoned Katy premises liability lawyer can help you understand your legal standing based on where and how the incident occurred.
Common Causes of Swimming Pool Accidents and Drowning Incidents
Swimming pool accidents can happen in a matter of seconds, and despite widespread awareness of drowning risks, these tragic accidents continue to rise. A 2024 CDC study showed that fatal drowning accidents have been increasing annually in recent years after decades of decline.
Many of these accidents stem from preventable conditions, such as:
- Lack of barriers
- Defective gates
- Poor lighting
- Slippery walkways
- Improper signage
- Unmarked depth zones
- Absence of qualified lifeguards
- Broken ladders, drains, or diving boards
- Failure to comply with state or local safety ordinances
Each of these hazards is preventable with proper maintenance, oversight, and adherence to safety regulations. When property owners or operators fail to address these risks, they endanger lives and expose themselves to legal liability.
Steps to Take After a Swimming Pool Accident in Katy
If a swimming pool accident happens, here’s what you can do to care for yourself or your child:
- Seek medical attention immediately, even for seemingly minor injuries. Some injuries, like head trauma or internal damage, may not be apparent right away but can become serious without prompt treatment.
- Report the incident to the property manager, lifeguard, or supervisor. Creating an official report can help document what happened and establish a timeline that may be useful later.
- Document the scene with photographs or videos, including signage, fences, and visible hazards. Visual evidence can be key in showing unsafe conditions or a lack of proper safety measures.
- Collect witness information, including names and contact details. Witness statements can help confirm how the accident occurred and support your version of events.
- Avoid speaking with insurance adjusters until you’ve had legal advice. Insurance companies may try to minimize their payout, so it’s best to have a lawyer review anything before you sign or agree to anything.
- Consult a swimming pool accident attorney to evaluate the situation and protect your rights. A lawyer familiar with Texas premises liability laws can guide you on whether you have a viable claim and what steps to take next.
Taking prompt action after an accident supports your recovery, helps preserve crucial evidence, and can significantly strengthen your case if legal action becomes necessary.
Compensation Available for Swimming Pool Accident Victims
In Texas, damages in premises liability claims are typically categorized as economic and non-economic:
- Economic damages cover quantifiable financial losses, including medical expenses, lost income, rehabilitation costs, and future medical care directly related to the injury.
- Non-economic damages compensate for more subjective, non-monetary losses, such as pain and suffering, mental anguish, and loss of enjoyment of life.
When determining the amount of damages, courts may consider several factors, including the severity and permanence of the injury, the impact on the plaintiff’s daily functioning, the degree of negligence by the property owner, and whether the plaintiff was partially at fault, in which case Texas’s modified comparative negligence rule may apply.
How D. Miller & Associates, PLLC Can Help With Your Swimming Pool Injury Case
Swimming pool accidents can change lives in an instant. Whether you’re dealing with the emotional and financial aftermath of an injury or the grief of losing a loved one, help is available. You may have legal options. Taking action today can be the first step toward accountability.
Swimming pool injury and drowning cases require a thoughtful, strategic legal approach. At D. Miller & Associates, PLLC, we help individuals and families hold negligent parties accountable for unsafe pool conditions, improper supervision, and code violations.
Here are some of the many ways we support our clients.
- Personalized attention from a dedicated legal team: We take the time to understand your specific situation and goals, tailoring our approach to best serve your needs.
- Comprehensive investigation into the causes of injury or death: Our team gathers every piece of relevant evidence, from incident reports to maintenance records, to uncover what went wrong and who is responsible.
- Informed legal strategies under Texas premises liability law: We apply a deep knowledge of state laws to pursue claims against negligent property owners, businesses, or other liable parties.
- Transparent communication every step of the way: We update you on your case progress and ensure your questions are answered clearly and promptly.
- No fee unless we recover compensation: Our firm operates on a contingency fee basis, meaning you pay no legal fees unless we secure a settlement or favorable verdict in your case.
A drowning accident lawyer in Katy can help you navigate this difficult time. We take your concerns seriously and are ready to evaluate your case.
Talk to a Katy, Texas Premises Liability Attorney
At D. Miller & Associates, PLLC, our compassionate team can help you fight for the compensation you deserve after a swimming pool accident. We will review the facts of your case and explain your options for compensation. If we believe you have a strong case, we can help you file your insurance claim or premises liability lawsuit and hold the property owner accountable.
We encourage you to contact us today to schedule a free consultation. A Katy swimming pool accident lawyer may be able to uncover damages you would overlook on your own.
