Arlington Accident Attorneys2021-10-15T16:30:55+00:00

Accident Lawyers In Arlington, Texas

Can accident attorneys help with damage recovery after a pool mishap in Arlington Texas?

In Texas, there are many times when injuries result around swimming pools because of the carelessness and recklessness of swimmers, but other times individuals are injured while behaving with care because of negligence. If the owner of the pool, or management of the property does not adhere to proper swimming pool safety protocols, they may be liable for the incident. When a person is injured because of another’s careless acts, they may seek financial compensation from the party, or entity they believe to be at fault for their swimming pool accident. An Accident lawyer Arlington can help you determine if you need to sue for economic and non-economic damages after a swimming pool accident leads to debilitating injury, but you must prove a few things first regarding degrees of fault and the pool owner’s responsibility to maintain safety precautions.  Talk to experienced personal injury attorneys in Arlington Texas at Cooper Law Firm who can calm any concerns you may have about seeking compensation for damages incurred that insurance will not pay.

 Dangers of swimming pools.

Swimming pools and sliding boards sound like a lot of fun, until someone has an accident that leaves them with a residual lifelong physical, or mental deficit due to a catastrophic physical injury such as head trauma, or spine damage. Pool owners may be responsible for unsafe circumstances, including a lack of supervision by certified and trained lifeguards.

  • Traumatic brain injury. A traumatic brain injury can occur when a swimmer hits their head, but they may not even appear to be injured at that time. The Centers for Disease Control (CDC) defines a traumatic brain injury (TBI) as a disruption in the normal function of the brain that can be caused by a bump, blow, or jolt to the head, or penetrating head injury. Everyone is at risk for a TBI, especially children and older adults. If someone hits their head in a pool accident, all precautions to have them checked out must be undertaken.
  • Spine injury. Spine injury may occur from diving into shallow waters.  The CDC recommends swimmers become familiar with pool safety and one of the named precautions is to never dive in shallow water, entry to swimming pools should be made using feet first.  If a person injures their spine after diving into the water and jolting their back in some off fashion resulting in a dull sensation, or tingling of the limbs, they should immediately seek medical attention, and even if they have no symptoms they should be check out by medical personnel.

Premise’s liability.

Under a premise’s liability claim, homeowners who have pools can be liable for damages when someone has been invited to their home and suffers an injury.  No matter where the swimming pool is located, a homeowner, or the owner, or manager of the pool assumes responsibility for guests who use the pool. For example, a property owner, or pool operator can be found liable for failing to provide a safe environment for people at the pool, or failing to monitor the swimmers. When it comes to public pools in particular, federal law requires that public pools meet minimum safety standards, including maintaining safe drains and drainage systems in order to prevent drain entrapment and drowning.  Additionally, homeowners are advised on conditions that should be maintained for optimal pool safety in Texas, and if they are breached by owner failure, the owner may be liable.

Products liability.

Manufacturers of pools and pool equipment including diving boards and slides; installers of pool equipment; and/or pool repair companies can also be found liable for injuries if the pool materials or equipment were defective, poorly-designed, or improperly installed in a products liability cause of action.

Insurance recovery.

Texas is a “fault state” and the party found to be responsible for the accident will have to compensate the other party involved in the accident. Texas utilizes the 51% rule, whereby an injured person can be up to 50% responsible for an accident and still collect damages, but if an individual is 51% , or more responsible for the accident, there will be no recoverable compensation.

If the responsible party had actual knowledge of a dangerous situation at a swimming pool, they are accountable, and knowledge can be proven by showing that the dangerous condition existed for a prolonged amount of time to cause the injury and that its dangers were a well-known problem. In the State of Texas, the courts award both punitive damages and/or compensatory damages.

Liability and damage recovery.

Liability and negligence will have to be proven by the injured party. The following types of damages can be pursued in a swimming pool accident claim: 1) medical expenses, 2) loss of earning capacity, 3) pain and suffering, 4) emotional distress, 5) loss of enjoyment of life, and 6) loss of consortium.  In some cases punitive damages can be awarded if the actions that led to the injury were extremely careless.

Burden of proof.

In order to prove liability there have to a: 1) a duty of care, 2) a breach of that duty, 3) causation whereby breach of duty caused injury, and 4) measurable damages resulting from the accident. Proving that the defendant was liable for your injuries may be enough to get your medical bills reimbursed, but it is not enough to prove a case for punitive damages. Punitive damages are only awarded in Texas when the defendant has been malicious, reckless, and/or negligent in their behavior.

Hire an attorney.

If you or a loved one has been injured in a swimming pool accident, knowledgeable personal injury lawyers in Arlington can review your case and utilize tort laws that support legal action for any injury resulting from swimming pool dangers that were out of your control.  Arlington Texas accident lawyers at the Cooper Law Firm can objectively speak on an Arlington swimming pool accident victim’s behalf in a courtroom, and work toward damage recovery.

Cooper Law Firm
N. Eric Cooper
Address: Arlington, TX

Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035

Sources.

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.003

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.74.htm

https://www.tdi.texas.gov/wc/index.html

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm

https://www.cdc.gov/nchs/fastats/accidental-injury.htm

https://www.cdc.gov/healthywater/swimming/materials/index.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fhealthywater%2Fswimming%2Fresources%2Findex.html

https://www.cdc.gov/traumaticbraininjury/index.html

https://wwwnc.cdc.gov/travel/page/safe-swimming-diving

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