Many Houston residents swim in their backyard pools or visit one of the 24 public pools the Houston Parks and Recreation Department (HPARD) manages for the city. But each year, tragedy strikes, with Texas ranking among the top states for pool fatalities and Harris County topping the list of Texas deaths. Fatalities are most common among children, and failing to protect them properly can result in a negligence or wrongful death action.
Additionally, pool visitors can slip and fall, leading to a brain injury, so owners must be vigilant to mitigate injuries or worse. If you are hurt in a swimming pool accident in Houston and you believe the owner or a public employee such as a lifeguard caused it, call Schechter, Shaffer, & Harris to review your slip and fall case and get you compensated.
When does Pool Accident Liability Apply?
The Houston Code of Ordinances Chapter 43, lays out what is expected of homeowners who install swimming pool or backyard spas. For instance, pools must be secured with fencing at least 48 inches tall and the material to build it cannot be climbable. Texas law also requires specific actions to ensure the area is safe. Failing to meet these requirements could be grounds for a lawsuit if someone is injured because of negligent behavior.
Guests on private property are divided into categories, and the duty the owner owes them is different for each class. Social guests visiting to swim in a neighbor’s pool are called licensees. You have a duty to warn licensees about dangers on your property that you are aware of. But if you are conducting business and being paid for giving swimming lessons, your visitors are now invitees, to whom you owe the highest duty of care because you must warn them of the dangers you know about and inspect your property for those you do not know about.
Homeowners owe no duty to adult trespassers, but there is an exception for children. You must anticipate the enticement a pool is for a child and safeguard the premises within reason.
The personal injury attorneys at Schechter, Shaffer, & Harris know the intricacies of local and state laws. We also understand how damaging a swimming pool accident in Houston can be and we treat you with the dignity you deserve as we fight for adequate compensation to cover your medical bills, lost wages, emotional trauma, and loss of the enjoyment of life.
When the City is at Fault for a Swimming Pool Accident
If you are injured in an HPARD public pool, you must be sure an employee of the city is at fault. This could happen if a lifeguard employed by the city behaves below the standard of a reasonable lifeguard, causing accidents and injuries. A lifeguard who is distracted, drunk or high, or who does not have a valid lifeguard certificate and is incompetent is negligent. Since HPARD oversees lifeguards at public pools, you will want to initiate a lawsuit against the city. Your attorney will:
- File a notice of claim advising Houston a lawsuit is imminent
- Your notice of claim must be filed within six months of the public swimming pool accident
- Wait for a response that should be received within 90 days, and if you do not receive a response or your claim is denied, you can proceed to filing a lawsuit
- Draft and file the appropriate documents necessary to open an injury suit
Grappling with the government after swimming pool accidents is its own challenge, but our Houston attorneys have the experience and tenacity to advocate for you.
Let Us Help You Get Compensated After a Swimming Pool Accident in Houston
Houston homeowners and public pool visitors enjoy an extended season of swimming outdoors, but that also means there is time for more injuries to occur. You could suffer catastrophic harm if you are underwater long enough and the public lifeguard does not see you because they are distracted.
Or your child may have climbed a backyard fence that is a code violation and fallen into the pool. After swimming pool accidents in Houston, call the compassionate and knowledgeable team at Schechter, Shaffer, & Harris for the help you need.
