Posts Tagged ‘Pool Accident’

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Dallas Injury Attorney On Swimming Pool Accidents

July 23, 2009

During the scorching summer temperatures here in Texas, a swimming pool can provide hours of enjoyment for adults and children. But a swimming pool accident can bring unexpected tragedy to any family in the blink of an eye. If you have watched the local newscasts or read the local newspapers, then you know of the tragic drowning stories in our neighborhood pools.

Swimming pool accidents occur with more frequency during the summer months, as one might expect. Diving accidents, drowning, and slip and fall accidents are quite common in the summer months when there are a great number of children running around in pool areas.

According to the Center for Disease Control (CDC), in 2005, there were 3,582 fatal unintentional drownings in the United States, averaging ten (10) deaths per day. An additional 70 people died from drowning and other causes in boating related accidents.

More than one in four fatal drowning victims are children 14 and younger. For every child who dies from drowning, another four receive emergency department care for nonfatal submersion injuries. Nonfatal drownings can cause brain damage that may result in long term disabilities including memory problems, learning disabilities, and permanent loss of basic functioning (i.e. permanent vegetative state).

Who’s at Risk?

  • Males: In 2005, males were four times more likely than females to die from unintentional drownings in the United States.
  • Children: In 2005, of all children from 1 to 4 years old who died, 30% died from drowning. Although drowning rates have slowly declined from 2005 to 2008, fatal drownings remains the second leading cause of unintentional injury related death for children ages 1 to 14 years.
  • Minorities: From 2000 to 2005, the fatal unintentional drowning rate for African Americans across all ages was 1.3 times more than whites. For American Indians, this rate was 1.8 time more than whites.

Who’s at Fault?

A determination of liability for a swimming pool accident depends in part on whether the injured person was a guest at the pool, or was there for a business reason, or was trespassing. The legal designations in Texas are as follows:

  • Invitee: Someone who the property owner allowed onto the premises for social reasons, such as a guest invited to a pool party at a private residence, or the guests of a hotel using the pool there.
  • Licensee: A person who was allowed on the property for reasons for business; for example, a swimming pool serviceman or a utility company technician.
  • Trespasser: A person who was not given permission to enter the property where the swimming pool is located. For instance, if the injured person jumped over two high fences and broke a gate’s lock to get into the pool and was then injured, he or she will be found to have some or all of the liability for the accident.

What is Premises Liability?

Premises liability covers most swimming pool accidents. Whether the pool is part of an individual homeowner’s property or at a setting such as a school, park, neighborhood pool area, hotel, or resort, the property owner has a legal duty to maintain safety and health standards at the pool.

When these standards are not met, the pool owner and/or manager may be held civilly liable for an injury or fatality that occurred in or around the pool. Premises liability concerns the determination of who is at fault for an injury on the premises. In a given swimming pool accident, the liability may be entirely the property owners or it may rest sole with the individual who was injured, or both the property owner and the injured individual may be at fault.

What Are The Swimming Pool Risk/Accident Factors?

Many local and state laws and regulations are in place to protect swimmers’ health and safety in private and public pools. Sometimes these safety measures are neglected. A swimming pool accident may be due to such factors as:

  • Inadequate fences or barriers around a pool;
  • Poor supervision of children;
  • Inadequate presence of lifeguards;
  • Poorly enclosed pool drains;
  • Too many people or children in the pool;
  • Slippery swimming pool deck or broken tiles;
  • Poorly trained lifeguards;
  • Excessive alcohol on the premises;
  • Diving board malfunctions;
  • Cloudy pool water that obscures the lifeguards’ view.

Many different circumstances may cause a swimming pool accident, and the injuries that can occur in or around a swimming pool are often overwhelming. If you, a friend, or a family member, have suffered and injury due to the negligent behavior of the property owner or another party, you deserve compensation for your losses and suffering. It’s in your best interest to have an experienced premises liability attorney on your side.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Garland, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

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