During the hottest days of summer, relaxing by or in a swimming pool can help cool things down. Yet poolside activities can also pose certain dangers to those trying to enjoy their time outside.
A pool can be the scene of an accident and injuries, even a loss of life. A Houston pool accident lawyer can help you or your family recover by pursuing legal compensation. The defective property injury lawyers at Schechter, Shaffer & Harris are here for you, at any time.
Patrons of public and private pools can suffer injuries after an accident, whether involving the water itself or not. Some common types of accidents include drownings and slip and falls on wet pavement, though less common accidents could also take place.
Electrocution in the water and even accidents involving pool machinery or other features of the area can occur too. Depending on the pool’s surroundings and rules, responsibility for a specific accident can vary, though typically the owner of the business (if accessible to customers) or of the property (if a backyard pool) could be held liable.
Premises liability holds property owners and businesses responsible for accidents that happen on their watch, establishing a duty to keep the area free from hazards. The exact responsibility differs for business customers and for social guests, with trespassers owed very little duty in most cases.
Understanding who might be responsible for a pool accident can involve complex questions about the facts of what happened and what was (or was not) done to keep the area safe. A Houston attorney familiar with state law can assist with bringing together a pool accident claim for compensation.
Usually, a lawsuit seeking compensation will involve the owner of the pool and will attempt to establish that they were negligent in some way.
Negligence in premises liability involves establishing the duty of care mentioned above, showing how the owner breached that duty, and proving that the breach caused the accident and damages (injuries expressed in certain categories, such as medical expenses, pain and suffering, and sometimes loss of relationship if the victim passed away). Each of these elements requires evidence and solid legal argumentation, all of which a Houston lawyer can provide for a swimming pool injury case.
Beyond the merits of the case, however, rules unique to the state can influence a claim as well. For example, the statute of limitations could block an otherwise complete claim if a lawsuit is filed too late. Texas Code § 16.003 sets the statute of limitations at only two years after an injury or death.
A person may also need to consider their own actions leading up to an accident, which could have partially been to blame. The state’s system of negligence, as described by Tex. Civ. Prac. & Rem. § 33.012 and § 33.001, can assign fault to a victim and reduce their compensation proportional to that fault, and they could lose all compensation if determined to be more than 50 percent responsible.
A personal injury lawyer can help with each of these aspects of bringing a compensation claim after a pool accident, especially by quickly working to gather the necessary evidence to get a claim filed.
Those injured in or around a pool deserve to be compensated for those injuries and the resulting negative effects on their lives.
The knowledge and skills of a Houston pool accident lawyer can make a difference for a person pursuing compensation. Contact an attorney as soon as possible for a free consultation.
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