Texas pool owners have a responsibility to keep their pools secure from uninvited guests, as well free of unreasonable hazards for guests invited to use the pool. While pools are inherently dangerous, there are some situations where property owners might be liable for the injuries suffered in their backyard pool.
If a property owner does not uphold their responsibility to protect others from the danger of their pool, they may be liable for damages if an accident occurs. A swimming pool accident and drowning lawyer in Houston can review your case, and may be able to help you hold the property owner accountable. If you have a case, your lawyer will 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. We can examine the circumstances surrounding your accident or your loved one’s drowning. We will explain the strengths and challenges of your case, and help you understand your legal options. Our consultations are always free, and we handle these cases on a contingency basis.
Call our office today at 713-850-8600 to learn more.
Types of Damages Recoverable in a Houston Swimming Pool Accident Case
The damages available in your case depend on the nature and severity of your injuries, as well as the value of your economic losses. Some of the most common types of damages we can recover for our clients include:
- The cost of medical care and treatment;
- Ongoing care costs;
- Home health or in-home nursing care;
- Rehabilitation or therapy;
- Current lost wages;
- Future lost income and benefits if you cannot return to work;
- Related out-of-pocket costs; and
- Pain and suffering damages.
Swimming pool accidents can cause relatively minor injuries, life-altering damages, and even fatal drownings. Because of the wide range of injuries and other damages possible in this type of claim, we need to conduct a full investigation into your accident before we can estimate how much your damages are worth.
If your family member passed away because of the accident, we can help you understand your right to compensation. We may be able to file a wrongful death lawsuit and a survival action to collect the damages you and your loved one suffered.
We Can Determine Who Was Responsible for Your Swimming Pool Accident.
There is no doubt about it: Swimming pools are dangerous. Injuries can occur in a vast number of ways, including:
- Falls on the pool deck;
- Injuries from slides or diving boards;
- Diving injuries; and
- Drowning and near-drowning incidents.
If you enlist our help to work on your case, we will investigate your injuries and who was responsible. As a part of this investigation, we:
- Identify, collect, and analyze evidence;
- Interview witnesses;
- Obtain copies of any video of the incident;
- Visit and document the scene;
- Request your medical records and discuss your prognosis with experts; and
- Put together a strong case to show the property owner acted negligently.
Proving the property owner acted negligently by failing to prevent your injuries is an essential component to winning your case. To hold the property owner liable, we must prove:
- The property owner had an obligation to follow all safety protocols to keep guests and visitors safe;
- They failed to follow safety rules and put guests and visitors in harm’s way;
- This led directly to your accident and injuries; and
- You suffered physical and financial damages because of the incident.
If we can show the property owner behaved in a negligent way, we can hold them liable for the injuries you suffered. We do this by filing an insurance claim based on their homeowner’s or business liability insurance.
Protected Guests Under Texas Premises Liability Laws
It is important to understand who receives protection under Texas premises liability laws. The laws protect:
- Invited guests;
- Contractors; and
- Delivery personnel.
If any of these describe you at the time of your injuries, you may have a valid claim. It is important to note that trespassers are not on this list. If you, as an adult, sneak into your neighbor’s pool and suffer an injury, their insurance company will likely deny your claim.
When it comes to children and teens, however, trespassers do receive some protections. A swimming pool is an “attractive nuisance.” As such, pool owners must take care to secure the pool at all times. If a young child slips in through an open gate and drowns, the property owner may be liable for the accident.
Talk to a Swimming Pool Accident and Drowning Lawyer in Houston About Your Injuries.
At D. Miller & Associates, PLLC, our team can help you fight for the compensation you deserve after a Houston 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 give us a call right away. We may be able to uncover damages you would overlook on your own. We offer free case reviews and consultations, so there is nothing to lose.
Call us today at 713-850-8600 for a free case evaluation.