A swimming pool accident can be tragic. When death by drowning does not result, a near-drowning episode can leave the victim with permanent and irreparable brain damage. In other cases, an injury at the pool – such as a slip and fall – may lead to broken bones, lacerations, or even spinal cord injuries.
When a pool accident occurs on someone else’s property, a victim can seek damages from the at-fault party. In order to do so, the victim will need to prove liability. The following considers how to establish liability for a pool-related accident in Texas.
Who is at fault?
In order to establish liability, it is important to make a thorough list of all of the parties who may be at fault for the accident. Remember that under premises liability laws in Texas, Texas property owners have no duties to trespassers other than to not cause them wanton harm. However, if the trespasser was a child, a property owner may have a duty under the attractive nuisance doctrine.
Those who may be to blame for a pool accident include the following:
- The municipal government responsible for a community pool
- A private company responsible for a community pool (e.g., condo association)
- A private homeowner
- The manufacturer of defective pool parts
Who is liable will depend on both where the accident occurred as well as what caused it. For example, even if the accident happened at a private pool, you may not be able to hold the pool owner liable if the cause of the accident was a defective pool part.
A victim must satisfy four criteria in order to establish liability in Texas:
- The responsible party owed the victim a duty of care.
- The responsible party breached this duty.
- The breach of duty was the cause of the pool accident.
- The pool accident caused damages to the victim.
Evidence that may be necessary might include testimony from eyewitnesses, manufacturing and parts experts who can testify about a defective product, medical experts, photo and video evidence, and more.
Hire a Premises Liability Attorney Serving Texas Today
At the Law Office of Julie Johnson PLLC, our premises liability lawyer will not let you down. Representing victims of serious accidents throughout the state of Texas, Julie Johnson is ready to get to work on your case today.
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