Who Is Liable in a Texas Drowning Accident?

A Texas attorney explains injuries and liability in water-related accidents

Drowning accidents are tragic events that can leave families devastated and uncertain about their legal options. In and around Fort Worth, Texas, these accidents can occur in various locations and under different circumstances.

Drowning accidents can occur in a variety of locations:

• Residential pools
• Public pools with issues like overcrowding or inadequate lifeguard presence
• Lakes and rivers
• Beaches with rip currents, underwater hazards and large crowds
• Bathtubs

Each type of drowning accident requires a careful examination of the circumstances to determine the cause and potential liability, the legal term for who’s responsible for compensating injury victims for financial losses due to negligence.

Understanding who may be held liable and how to seek compensation can provide some relief during this difficult time. If you or a loved one has been involved in such an incident, an experienced Fort Worth drowning accident lawyer can help you understand the specific help you need in seeking justice and compensation.

Types of drowning accidents

Drowning accidents can happen in numerous settings, each with its own set of circumstances and potential risks. Common causes of drowning accidents include:

• Inadequate supervision. Accidents involving young children who are left alone in or near water without proper supervision, leading to accidental drownings.
• Lack of lifeguards. Drownings in public or private pools where no lifeguard is present to monitor swimmers and respond to emergencies.
• Malfunctioning equipment. Examples include faulty pool alarms that fail to alert of unauthorized access or emergencies, defective life jackets that do not inflate properly or provide adequate buoyancy, malfunctioning pool drains that create dangerous suction, and poorly maintained watercraft with equipment failures that contribute to accidents.
• Broken pool fences. Drownings that result from broken or improperly maintained fences around swimming pools, allowing unauthorized access by children or others.
• Insufficient safety features, lack of warning signs. Accidents in natural bodies of water where safety warnings or hazard signs are missing, leading individuals into dangerous situations like strong currents or submerged obstacles.
• Boating under the influence. Boating while intoxicated or BWI drownings caused by operators with impaired ability to safely operate the vessel and respond to emergencies.
• Inadequate boating skills. Accidents resulting from boat operators who lack proper training or experience, leading to dangerous situations that can result in drowning.
• Negligent maintenance, unmaintained pool drains. Drownings caused by defective or unmaintained pool drains that create suction, trapping swimmers underwater.
• Failure to respond properly to medical emergencies, health issues while swimming. Instances where individuals suffer medical emergencies, such as heart attacks or seizures, while swimming, leading to drowning if not promptly assisted.

Each type of drowning accident involves specific circumstances that can lead to tragic outcomes. Identifying and addressing these issues is crucial for determining liability and seeking appropriate legal remedies.

Texas laws regarding drowning and liability

Texas law addresses drowning accidents and the liability of involved parties. Understanding these legal requirements helps when building a case for compensation and holding liable parties accountable. Such laws involve:

• Premises liability. Property owners are required to maintain their premises in a safe condition. This includes ensuring that pools and other water features are properly maintained and that adequate safety measures are in place.
• Negligence. To prove negligence, it must be demonstrated that the responsible party failed to exercise reasonable care, and that this failure directly contributed to the drowning.
• Texas Parks and Wildlife Code. This code includes regulations for boating safety and watercraft operation, which are relevant in cases of drownings that occur in natural bodies of water.

Liable parties can be held accountable through various legal means. Civil lawsuits allow victims or their families to seek damages for injuries or wrongful death. Insurance claims may also provide compensation for damages, though negotiating with insurers can be challenging. Many cases are resolved through settlements, a one-time payment where the responsible party agrees to compensate the victim without going to court. An attorney can ensure that all legal avenues are explored and that the responsible parties are held accountable for their actions or negligence.

Potential liable parties in drowning accidents

Determining liability in drowning accidents often involves identifying who may be responsible for the circumstances leading to the incident. But it can be challenging due to the multiple potential factors involved, such as equipment failures, inadequate supervision, or environmental conditions. Each factor requires a detailed investigation to establish whether negligence or a failure to meet safety standards directly contributed to the incident. Additionally, conflicting accounts and complex interactions between witnesses can complicate the process of assigning responsibility. However, in most drowning injury claims filed in Texas, one or more of the following parties are liable:

• Property owners. Owners of residential or commercial properties may be liable if their negligence contributed to the drowning. This includes failing to maintain safety features or not providing adequate supervision.
• Pool maintenance companies. These companies might be held accountable if their failure to properly maintain or inspect pool equipment led to the accident.
• Boating operators. In cases of boating accidents, the operators may be held liable if they were negligent. This includes operating under the influence, failing to adhere to safety regulations, or neglecting proper safety procedures.
• Public entities. When drowning accidents occur at public pools or beaches, the responsible municipal or governmental body may be liable if they failed to maintain safety standards or provide adequate supervision.

Each case requires a thorough investigation to determine who is responsible and what actions or inactions contributed to the accident.

Types of injuries sustained in drowning accidents

In drowning accidents, the primary cause of an injury is the lack of oxygen reaching the brain, which occurs when a person’s airway is obstructed by water, preventing normal breathing. Additionally, inhalation of water can cause lung damage and increase the risk of infections or complications. Drowning accidents can result in various serious injuries or medical conditions:

• Brain damage. Prolonged lack of oxygen during drowning can cause significant brain injury. This damage can be permanent and affect the victim’s cognitive and physical abilities.
• Cardiac arrest. The stress and lack of oxygen caused by drowning can lead to sudden cardiac arrest, which is a medical emergency.
• Pulmonary issues. Inhalation of water can lead to severe lung damage, infections, or other respiratory complications.
• Hypothermia. Prolonged exposure to cold water can cause hypothermia, a life-threatening condition that can also result in long-term health issues.
• Fatal injuries. In severe drowning cases, injuries such as severe brain damage from prolonged oxygen deprivation or cardiac arrest can be fatal. These injuries can lead to death if not promptly and effectively treated.

The severity of these injuries can greatly impact the victim’s health and quality of life, often requiring extensive medical treatment and care.

Compensation for drowning injuries

Compensation for drowning accidents can cover a range of damages, the legal term for financial compensation. Medical expenses include costs for emergency treatment, hospitalization, and ongoing care. Lost wages compensation addresses income lost due to the victim’s inability to work. Pain and suffering damages reflect the emotional and psychological impact of the accident. In cases of fatal drownings, compensation can also cover funeral and burial expenses, as well as lost future earnings.

Factors affecting compensation include the severity of the injuries, the impact on the victim’s quality of life, and the degree of negligence involved. An attorney can help assess these factors and make sure that victims of Texas swimming accidents receive fair and full compensation.

How a Fort Worth drowning injury attorney can help

An experienced attorney can provide invaluable assistance. They can investigate the accident by gathering evidence, speaking with witnesses, and consulting experts to determine liability. Handling legal processes, including filing claims and representing you in negotiations or in court, is another crucial role. Additionally, an attorney can advocate for your rights and work to secure the compensation you deserve.

If you or a loved one has been injured or killed in a drowning accident, it is essential to seek legal guidance. Contact Coby L. Wooten, Attorney at Law, P.C., for a free case evaluation. Fort Worth personal injury attorney Wooten has years of experience handling complex cases involving drowning accidents and other complicated legal matters. Our law firm is committed to helping victims and their families seek justice and demanding the maximum financial compensation. Call us today to discuss your case and learn more about your legal options.

Click here to download a printable PDF of this article, “Who Is Liable in a Texas Drowning Accident?”