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Drowning Accident Attorneys in Houston
Fighting For Justice for Your Family
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 noneconomic losses they suffer.
Our Texas drowning accident lawyers have been helping families after drowning for over three decades- call us at (281) 587-1111!
Common Causes of Drowning Deaths and Who May Be Liable
A small child can drown in very shallow water, and drowning accidents can happen in many places, including water parks, hotels, apartment complexes, lakes, and water drainage ditches. Pool drains are well-known causes of drowning accidents, like hair, clothing or a part of a person’s body becomes stuck.
Legally, any party whose negligence led to or contributed to the accident can be held responsible. Landlords, public pool administrators, drain manufacturers, and private individuals are just a few possible defendants in a drowning-related wrongful death or personal injury case. Hiring a drowning accident attorney is the first step in protecting your rights.
Boating accidents often lead to tragedy. Many people drown after a collision with another boat or another object.
Some Drowning Cases We Have Handled
Model Home Drowning Case
A young boy was at a model home while the adults were being shown the home. He could get out of the model home, into the backyard, and drown in the pool. The commercial model home had no safety or drowning prevention items or child safety items. After a lawsuit was filed just before trial, the defendants settled the wrongful death lawsuit for a huge amount.
Apartment Complex Drowning
A boy was trapped in a drain that did not comply with the law. The boy was unconscious but was able to be saved and recovered fully. After a lawsuit was filed, the failure to comply with the required safety precautions forced the defendants to settle for a sizable amount. Our punitive damage lawyers claimed exemplary damages in the case.
Texas Laws About Drowning Prevention
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 stuck in a tub due to suction from the drain. Unfortunately, the girl drowned, and her family advocated for better pool safety standards.
The Act outlaws drain 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 that 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.
Taking Legal Action after a Drowning Accident
In wrongful death or personal injury cases, the plaintiff must prove the following:
The defendant owed the injured or deceased party a duty of care (if injured while trespassing, it can complicate matters, though the attractive nuisance laws may apply if a child was involved and the property owner did not take adequate measures to secure the hazard, e.g., a pool);
Find a Duty by the Defendant
The defendant breached that duty by failing to provide reasonable care to prevent harm to others;
The defendant’s negligent actions led or contributed to the accident and resultant drowning or near-drowning, and the plaintiff has suffered damages.
Compensatory damages include economic damages, like medical or funeral expenses, and non-economic damages, like pain and suffering or disability, for a brain injury after a near-drowning.
If wrongful death is caused by a “willful act or omission or gross negligence” by the defendant, punitive damages can also be sought (Tex. Civ. Code Title 4 Sec. 71.009).
Different entities have different standards that qualify as negligence. For example, manufacturers may fall under strict product liability. Suppose a manufacturing, design, or disclosure defect exists in any of their products. In that case, they can be held responsible for the harm that comes from those products, even if they showed reasonable care in making the product.
Most Drowning Cases involve Children.
More than 50 percent of all drowning incidents involving young children and infants occur in a swimming pool. Many of the accidents count have been prevented with either proper supervision of the child or proper protection and maintenance of the pool area.
Here is an article about what you should do after a swimming pool drowning.
Swimming Pool Accident Statistics
*An average of 300 children aged five and under drown each year in pools across the country
*An average of 2000 children aged five and under are treated for submersion injuries each year in the United States
*The cost of treating these victims can range from a few thousand dollars (for initial admission to a hospital) to * hundreds of thousands of dollars, depending on the severity of the injury.
Children submerged for more extended periods and then revived will likely suffer more severe and sustained brain damage. There have been incidences where a child’s hospital stay can extend over four months and cost a quarter of a million dollars!
Money is a secondary concern for the safety and well-being of a child. That is why most communities have relatively strict regulations regarding the proper enclosure of a pool to ensure it is inaccessible to the ‘wayward’ child. The number of drowning victims increases substantially in the summer in Houston.
Contact An Experienced Houston Drowning Accident Lawyer
Call our experienced personal injury attorneys for a free conference about your rights and options if you have lost a family member and believe another is at fault.
We have been helping Texas families after wrongful death for over three decades. Our preeminent-rated personal injury law firm has extensive experience in drowning cases/ Maybe we can help you!
Call us for a free consultation today at (281) 587-1111.
Other Types of Cases Our Houston Personal Injury Lawyers Focus on:
- CAR ACCIDENT LAWYER IN HOUSTON
- TRUCK ACCIDENT LAWYER IN HOUSTON
- WRONGFUL DEATH LAWYER IN HOUSTON
- MOTORCYCLE ACCIDENT LAWYER IN HOUSTON
- DAYCARE INJURY LAWYER IN HOUSTON
- CONSTRUCTION ACCIDENT LAWYER IN HOUSTON
- HOUSTON ATV ACCIDENT LAWYER
- HOUSTON BOAT ACCIDENT LAWYER
- HOUSTON BRAIN INJURY LAWYER
- HOUSTON BURN INJURY LAWYER
- HOUSTON BUS ACCIDENT LAWYER
- HOUSTON CARBON MONOXIDE LAWYER
- HOUSTON CATASTROPHIC INJURY ATTORNEY
- HOUSTON DRAM SHOP LIABILITY LAWYERS
- HOUSTON DRUNK DRIVING ACCIDENT LAWYER
- HOUSTON PERSONAL INJURY LAWYER
- HOUSTON PRODUCT LIABILITY LAWYER
- HOUSTON PUNITIVE DAMAGES LAWYER
- LYFT ACCIDENT LAWYER IN HOUSTON
- UBER ACCIDENT LAWYER IN HOUSTON
- HOUSTON WORK INJURY LAWYER
Contact a Leading Houston Drowning
Lawyer Right Away
Baumgartner Law Firm has been trusted by Texas families for over 35 years. Our reputation for getting maximum compensation has been earned through hard work and aggressive representation. Call Greg Baumgartner at Baumgartner Law Firm for a free consultation.
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Do you make house calls or hospital visits?
What kind of cases do you accept?
We are very selective in the cases that we agree to handle to provide the best possible service to our clients. By limiting the number of cases that we accept, we can provide the time attention, and resources required to maximize compensation for our clients.
Accordingly, our practice is limited to cases involving substantial injury or a family who has lost a loved one. We have gained a reputation for handling 18-wheeler truck accidents, car and drunk driving crashes, daycare injury cases, and other serious injury and wrongful death matters. To learn more about the cases we cover, visit our practice areas page.
Do I have to pay money out of my pocket to hire you?
Do you handle all types of personal injury cases?
No, we are very selective in the cases that we agree to accept. We intentionally limit the number of cases that we handle and the practice areas for the cases we take to provide the best possible personal service for our clients. To learn more about the cases we cover, visit our practice areas page or you can contact us for individual consultation about your case. (281) 587-1111.
What is the best way to contact you?
We prefer to be contacted by telephone and also respond to our online consultation requests. You can call us 24/7 at (281) 587-1111. We offer Zoom consultations as well.
How successful have you been with your cases?
We are a personal injury law firm with over three decades of experience and are extremely proud of our winning track record of success. Our founder is nationally recognized as among the best personal injury lawyers in the USA. We are undefeated in truck accident cases, wrongful death cases, and daycare negligence and invite you to check out our results page for recent results in cases we won.
For the last 35 years, we have concentrated on maximizing our client’s compensation in serious injury and wrongful death cases. If you are looking for the best personal injury lawyers in Houston – Call us! (281) 587-1111.
for a job well done!
"I can never express how grateful me and my family are to Greg Baumgartner and his team of truck accident lawyers in Houston. He took care of our injury case and got us a great settlement. Thank you for a job well done!"
- R. G. Client
Houston Personal Injury Victim
"I was hit in the rear by an 18 wheeler and was lucky enough to have found Greg – I was overjoyed with the results and highly recommend him."
Houston Personal Injury Victim
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