Swimming Pool Accident Attorney in Houston
Sadly more and more Texans drown in accidents each year. In just tow years between 2005 and 2007, an average of 70 children per year drowned in Texas. Between 2008 and 2011, this number rose to an average of 94 children drowning per year according to the Texas Department of Family and Protective Services.
Hotels and other retail spaces that open swimming pools to the public must act reasonably and have procedures and equipment in place to prevent accidental drownings.
When someone’s negligence contributes to a drowning accident, there are legal actions surviving family members can take to help them recover compensation for the economic and non-economic losses they suffer.
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What Is A Swimming Pool Accident Lawyer
A swimming pool accident lawyer is a personal injury lawyer that represents the drowning victim and their family in legal claims against those responsible for the drowning.
Houston lawyer Hugh Howerton specializes in preventable swimming pool accidents that result in traumatic brain injury and wrongful death. Owners of multi-unit rental complexes and property owners association are required by law to have a fence and gate around the pool.
Common Causes of Drowning Deaths and Who May Be Liable
A child can be caught in a pool drain. If the drain is not equipped with parts to prevent the entrapment then the a claim may be brought against the retail pool owner and pump manufacturer. There is a federal law known as The Virginia Graeme Baker Pool and Spa Safety Act that requires such safety parts
Improper pool maintenance is another cause of swimming pool accidents and drownings. If the pool is not kept clear and clean a person can not be saved who is in a drowning situation
The Virginia Graeme Baker Pool & Spa Safety Act
The Virginia Graeme Baker Pool and Spa Safety Act may be relevant in cases against public facilities or pool drain manufacturers. It is named after a 7-year-old girl who became stuck in a tub due to suction from the drain. The girl unfortunately drowned, and her family then advocated for better pool safety standards.
The Act outlaws drains that were not ASME/ANSI A112.19.8-2007 certified, required public pools and spas to be fitted with parts to prevent entrapment, and gave grants to states that passed similar legislation. If a public pool used an outlawed drain or failed to take adequate steps to prevent entrapment, it may be responsible under this Act if the drowning death was related to entrapment due to a drain. Further, drains that do not meet the standards established in the Act may leave manufacturers liable.
What Must The Plaintiff Prove To Win A Drowning Case?
In wrongful death or personal injury cases, the plaintiff must prove: