Kinds Of Swimming Pool Injuries In Texas
Swimming pool drownings are the leading cause of death, not just the leading cause of accidental death, for children under 4. A few moments under the surface is sufficient to cause brain asphyxia and death. Additionally, a young child could drown in as little as a few feet of water. Drownings are the most common and most deadly swimming pool injury, but as outlined below, they are certainly not the only swimming pool-related injury.
Generally, property owners have a duty of care to ensure that their pools are reasonably safe. Posting a “No Lifeguard on Duty” or other warning sign usually isn’t enough to fulfill legal responsibilities in this area. So, if you or a loved one was seriously hurt in a swimming pool accident, a Missouri City personal injury attorney can usually obtain substantial compensation for these victims in court. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
State and local laws and ordinances usually establish the standard of care in this area. To meet these safety requirements, pools must have features like:
- Perimeter fences that are almost impossible to climb,
- Self-latching gates that open from the pool side,
- Lifesaving equipment near the water,
- Strict, universal enforcement of pool rules, and
- Pool areas that are free of debris and other fall hazards.
This standard of care applies to private backyard pools, as well as public pools, homeowners’ association pools, and so on. Failure to adhere to this standard of care is evidence of negligence. Missouri City personal injury lawyers can obtain compensation in court if negligence caused the drowning.
Ironically, most young child drownings happen when many adults, including multiple caregivers, are in the area. Each caregiver assumes that another caregiver is watching the child.
A malfunctioning drain could also cause a swimming pool drowning. Too much drainage creates an invisible riptide that literally sucks swimmers under the waves, especially if they aren’t very experienced. Usually, insurance companies cannot use a lack of experience, or another victim vulnerability, to reduce or deny compensation.
Owners have a duty to not only maintain their pools, but also maintain pool equipment. More often than not, a design or manufacturing defect causes a drain to malfunction. Usually, companies are strictly liable for the damages their defective products cause.
Similarly, owner negligence or a product defect could cause a swimming pool poisoning. These incidents are especially dangerous for victims with pre-existing conditions. Once again, these defendants must take victims as they find them. If the victim is at risk for an injury, the defendants, not the victim, bears that risk.
Swimming pool cleaning chemicals are extremely toxic. Too much chlorine causes chemical burns, especially to the ear, nose, and throat. Opposite end poisonings are a problem as well. If the cleaning chemical level drops too low, dangerous bacteria grows and multiplies.
Once again, the water itself is not the only hazard. If the pump doesn’t work properly, chlorine gas builds up, mixes with water, and becomes toxic. Depending on the facts of the case, the pool owner or a product manufacturer could be legally responsible for any resulting injuries.
Contact a Hard-Working Fort Bend County Attorney
Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury attorney in Missouri City, contact the Henrietta Ezeoke Law Firm. We routinely handle matters in Harris County and nearby jurisdictions.