What is a Drowning Accident?
A drowning accident occurs when a person is unable to breathe due to submersion in water, which can lead to unconsciousness or death if not rescued promptly. It's a significant cause of unintentional injury-related deaths worldwide. Several factors contribute to drowning incidents:
- Lack of Swimming Ability: People who don't know how to swim are more susceptible to drowning, especially in situations where they're in water over their heads.
- Lack of Supervision: Inadequate supervision, especially of children around water bodies, is a leading cause of drowning accidents.
- Poor Water Conditions: Murky or turbulent water, strong currents, or sudden changes in water depth can catch swimmers off guard and lead to drowning.
- Alcohol and Substance Use: Consumption of alcohol or drugs impairs judgment and coordination, increasing the risk of accidents in water.
- Seizures or Medical Conditions: Seizures, heart conditions, or other medical issues can cause sudden incapacitation, leading to drowning.
- Inadequate Barriers or Safety Measures: Insufficient safety measures around pools, lack of life jackets in boats, or absence of proper fencing can contribute to accidents.
- Fatigue: Swimmers or boaters who are exhausted or fatigued may not be able to keep themselves afloat, leading to drowning.
- Risky Behavior: Engaging in risky activities like diving in shallow water or swimming in restricted areas can lead to drowning.
Dallas Swimming Pool Locations
Our law firm can handle swimming pool accident claims and lawsuits, no matter where those accidents occurred. Due to our intentional focus on handling drowning death claims almost exclusively, we have spent countless hours researching swimming pool locations, regulations, safety measures, and more.
We can help with swimming pool accident claims involving pools at:
- Apartment complexes
- Schools
- Health clubs
- Gyms
- Spas
- YMCA centers
- Water parks
- And more
The Doan Law Firm even has the resources and reputation needed to take swimming pool drowning cases against the Texas government, such as when a drowning death happens at a public park. Government-run swimming pools tend to have an inordinately high rate of drowning or near-drowning incidents, which suggests that the security at these pools is worse than average.
Taking a claim against the government or a municipal entity usually has a brief statute of limitations, so it is important to call (800) 349-0000 to connect with The Doan Law Firm in Dallas right away.
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$25,000,000 Drowning Death
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$102,000,000 Confidential Settlement
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$4,000,000 Drowning Death
Residential Swimming Pools in Texas
Although swimming pool accidents do occur often in swimming pools owned and maintained by a company or municipal entity, the truth remains that residential swimming pools are statistically the most dangerous. The rate of pool accidents and drowning deaths at residential swimming pools – like those in backyards of private households – is much higher than that of commercial swimming pools in most parts of the country, including in Dallas, Texas.
Residential swimming pools don’t have lifeguards, often don’t have lifesavers, and typically don’t have gates or barriers to keep children away from them. If we can prove that your loved one’s residential pool drowning could have been prevented with more care from the homeowner, then we might be able to sue that party for compensation and justice.
Liability in a drowning accident at residential pools can vary based on the circumstances and local laws, but potential parties who might be held liable include:
- Property Owners: The owner of the property where the pool is located may be held responsible if negligence or lack of proper safety measures contributed to the accident.
- Pool Maintenance Companies: If the pool was not adequately maintained, and this contributed to the accident, the company responsible for pool maintenance might bear liability.
- Caregivers or Supervisors: Those responsible for supervising individuals, especially children, around the pool could be held accountable if lack of supervision led to the drowning.
- Manufacturers or Installers: In cases where defective pool equipment or installation issues are found to be contributing factors, the manufacturers or installers could be liable.
To succeed in a swimming pool accident claim, certain elements typically need to be proven:
- Duty of Care: The responsible party had a duty to ensure a safe environment around the pool, especially when it involves inviting guests or residents.
- Breach of Duty: There was a failure to uphold that duty, such as not maintaining safety equipment, inadequate fencing, or lack of supervision.
- Causation: Proving that the breach of duty directly caused or significantly contributed to the drowning accident.
- Damages: Demonstrating the resulting damages, which can include medical expenses, pain and suffering, lost wages, and more, either for the victim (if survived) or their family (in case of wrongful death).
- Foreseeability: Showing that the responsible party reasonably should have foreseen the risk of such an accident occurring and failed to take necessary precautions.
Evidence such as witness statements, records of pool maintenance, safety protocols, photographs of the scene, and any relevant documentation or communication can significantly support a claim. Consulting our Dallas drowning accident lawyer who is experienced in premises liability or personal injury cases can help navigate the complexities involved in proving these elements and pursuing compensation for the damages incurred due to the drowning accident.
Why Choose The Doan Law Firm
Attorney Jim Doan founded The Doan Law Firm with an intentional focus on swimming pool accident claims and drowning death lawsuits. Our team has become synonymous with powerful representation for people who have been injured or lost loved ones in negligently managed pools across the country. When the going gets tough for another law firm working on a swimming pool case, they often come to us for co-counsel or to pass the case to our desks. If other legal professionals trust us first with pool accident cases, shouldn’t you?
What is Our Attorney Fee Guarantee?
At The Doan Law Firm, we use an attorney fee guarantee to make hiring our counsel highly affordable to more people. Under this guarantee, we never charge an attorney fee in your case unless we win it for you, which means securing a favorable outcome like a settlement or award. We are also paid a percentage of your winnings, so you never have to worry about paying more attorney fees than you can afford.
Call for a Free Consultation
You can learn more about your legal options after a loved one suffered a drowning death or swimming pool injury by dialing (800) 349-0000. Our Dallas swimming pool accident lawyer offers free initial consultations with many convenient ways to communicate and meet. You can come to our office, schedule our team to come to you, or arrange a virtual consultation anywhere you have an internet connection. It is one of many ways that we prioritize your best interests and satisfaction as our client and friend in need.
Click here to schedule a free initial consultation, or call (800) 349-0000 today.
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