Dallas Swimming Pool Accident Attorney
Taking a dip in the swimming pool is one of the most pleasant experiences on a hot, sunny day regardless of whether you are staying at a hotel in Dallas or elsewhere in Texas or are visiting a friend who installed a swimming pool on his or her backyard.
Unfortunately, swimming pool accidents do happen, and taking a dip in the pool or simply walking by the pool with a Pina Colada in your left hand and an iPhone X in your right hand can result in a severe injury from a slip and fall accident. What’s more, your iPhone X may not survive a fall in the water, so, in addition to spending a tremendous amount of money on medical treatment, you will need to spend hundreds of dollars to repair your phone or buy a new one.
Can you seek compensation for your swimming pool injury?
This begs the question, “Can you recover damages by suing the owner of the swimming pool where the accident took place?” Our Dallas swimming pool accident attorney at Law Office of Dorothy Hyde answers, “Yes, you may be able to seek compensation for your personal injury and property damage, but this depends on a variety of factors that must be considered prior to taking legal action.”
For starters, how many Pina Coladas did you drink prior to the swimming pool accident? Alcohol intoxication can cause disorientation, difficulty walking, and poor coordination, among other symptoms, which is why the owner of the swimming pool may argue that your drunkenness caused or contributed to the accident.
Texas premises liability law and swimming pool accidents
Under Texas premises liability law, you have the right to recover damages after a swimming pool accident regardless of whether you were injured at a private or public property. Both business owners and homeowners have a legal duty to maintain their pools in a safe condition, eliminate dangerous conditions, and supervise guests to prevent harm.
In fact, under the “attractive nuisance” doctrine, you may be able to hold a homeowner or business owner responsible for your child’s injury even if your child was trespassing at the time of the swimming pool accident.
When it comes to suing a hotel or any other public establishment, our experienced swimming pool accident attorney in Dallas warns that there may be multiple liable parties involved, including but not limited to the hotel, swimming pool operator, the company responsible for construction, installation, repair, and maintenance of that swimming pool, the lifeguard company, other hotel guests, and other parties.
Causes of swimming pool injuries
Regardless of whether you are a licensee, invitee, or trespasser (only under the attractive nuisance doctrine) on a public or private property with a swimming pool, you may be able to seek compensation for your injury when it was caused by the owner’s failure to:
- Adhere to Texas law’s building codes for swimming pools
- Follow requirements and standards for construction, installation, repair, and maintenance of swimming pools imposed by Texas law
- Repair a structural defect in the swimming pool
- Fix and eliminate cracks, holes, and other structural damages in and around the pool
- Clean slippery and wet walking surfaces
- Clean the pool adequately
- Properly use cleaning agents in the pool, which may cause chemical irritations, chemical burns, and other harm to swimmers
- Install adequate warnings for the swimming pool
- Install appropriate diving areas and depth markers
- Have a lifeguard on duty as required by federal and state law in Texas
- Eliminate electrical hazards in and around the swimming pool
- Comply with plumbing requirements
- Install proper filtration systems
- Properly conduct wastewater treatment
- Install adequate lighting
- Install safety equipment
- Repair or replace loose tiles
- Fix cracked pavement
- Clean up broken glass in and around the swimming pool
- Fix sharp edges inside the pool
- Prevent overcrowding beyond the pool’s safe capacity
- Ensure adequate supervision and
- Ensure proper training for lifeguards and other staff members
Speak to our Dallas swimming pool injury lawyer at Law Office of Dorothy Hyde to identify the cause of your accident in or around the pool, establish liable parties, and file a personal injury claim to seek compensation for your financial damages and losses. Schedule a free consultation by calling at (214) 883-1700.