Swimming pool accidents are some of the most devastating and deadly types of accidents across Texas. However, some of the more common pool accidents involve slips and falls.
When you slip and fall, suffering severe injuries, you may be entitled to financial compensation if another party’s negligence caused your injuries. Here is more about how to take action after a slip and fall at a swimming pool in Texas.
Swimming Pool Liability Laws in Texas
Swimming pool accidents can occur at both private homes and public pools. Both homeowners and the owners of public swimming pools have an obligation to ensure the safety of those invited to the area. However, swimming pools are unique in that companies and homeowners who fail to provide adequate security around the pool or maintain the pool’s quality could face culpability.
Generally, property owners will be held accountable for slip and fall swimming pool accident injuries. However, this is only true in cases where the property owner’s negligence was the cause of the victim’s injuries. For example, if the public pool owner failed to maintain the walkway surrounding the pool, and you slipped and fell on broken pavement, the owner may be liable for your injuries.
There are also situations in which the injury victim will share fault for their injuries. This often occurs in cases where a particular hazard may have been considered obvious. “Obvious” can be subjective, but if you share liability for your injuries, you can still recover compensation for your damages.
However, you can expect your injury settlement to be reduced to reflect your proportionate responsibility under Texas Civil Practice and Remedies Code § 33.001.
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Proving Liability for Slips and Falls Occurring at Swimming Pools
Texas premises liability laws require property owners to maintain their premises for invited guests and patrons. This means if you were welcomed to the property where the pool was located and subsequently injured due to the property’s conditions, the pool owner could be responsible for your injuries.
To prove property owner culpability for your slip and fall at a swimming pool, the four elements of negligence will need to be met. These include:
- Duty of care – This refers to the pool owner’s obligation to invitees a duty of care to maintain the safety of the premises.
- Breach of duty – This refers to the negligent actions the pool owner took. For example, failure to put down mats that will keep wet surfaces from becoming slippery could be considered negligence. Another example could be a property owner who fails to maintain a fence around the pool to keep children out.
- Causation – Here, the property owner’s negligence is responsible for your injury.
- Damages – Damages refer to how your life has been affected by your slip and fall accident injuries.
Common Causes of Swimming Pool Slip and Fall Injuries
For your slip and fall lawyer to establish liability, they will need to analyze how your slip and fall injuries occurred carefully. Some of the more common causes of slip and fall injuries at swimming pools include:
- Diving accidents
- People running around pools
- Inadequate safety equipment
- Inadequate maintenance
- Lack of supervision
After reviewing the cause of your slip and fall injuries, your attorney will better understand who should be held accountable for your damages. For example, if your child suffered severe injuries due to a lack of supervision at a friend’s swimming pool, the pool owner would be held accountable for the victim’s injuries.
However, if a pool part malfunctioned or was defective, thereby causing your injuries, the pool manufacturer could be held accountable for your damages. Our in-depth investigation will reveal the truth.
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What Damages are Recoverable in a Slip and Fall Claim?
After your slip and fall accident at a swimming pool, you may be wondering how much you could be awarded if you chose to pursue a claim. Of course, every person‘s case is different, but the types of damages you may be able to recover are relatively the same.
When another party’s negligence is responsible for causing your injuries, you have the right to be repaid for both economic and non-economic losses. Some of these different damages could include
- Medical treatment and care
- Costs of medical devices
- Physical pain and suffering
- Psychological trauma
- Loss of consortium
- Diminished quality of life
- Scarring or disfigurement
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Learn More by Discussing Your Claim with a Slip and Fall Lawyer Today
If you suffered critical injuries in a slip and fall accident at a swimming pool, and you are not sure where to turn for help, contact a slip and fall attorney at Loncar Lyon Jenkins for help.
Our firm is proud to offer free, no-obligation consultations to injury victims and their families across the state of Texas. You can take advantage of this opportunity when you give our office a call at (800) 777-7777.