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Houston Drowning Accident Lawyer
40 Years of Experience- Hundreds of Millions Won No Fees Unless We Win
Drowning Accident Attorneys in Houston – Fighting For Justice for Your Family
Drowning accidents can be tragic. When they happen because someone was careless, you need legal help. In Houston, our drowning accident lawyers help families get justice and money for their losses. If you need a Houston Drowning Accident Attorney, we’re here for you.
With over three decades of experience, we are committed to supporting you through this difficult time, especially if it involves drowning injury claims.
Contact our skilled Texas drowning accident attorneys today at (281) 587-1111 to discuss your case and explore your legal options.
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ABOUT GREG BAUMGARTNER
A Passion For Justice. The Experience For Win.
Greg Baumgartner, the founder of Baumgartner Law Firm, has spent the last 40 years helping accident victims. Greg is top-rated in personal injury and wrongful death cases, with a perfect 10 AVVO rating and is recognized as one of the best personal injury lawyers in Texas. He has won millions for accident victims in Houston and across Texas. You will not find a more experienced injury attorney. Greg holds dual law degrees and is also a graduate of the Trial Lawyers College.
You will not be a case number to us. Our legal team will treat you like family. We will use our personal injury law experience and winning record to maximize your compensation, We have the expertise and resources to handle the most difficult cases. Contact our law firm and let us fight for your financial compensation.
Call us 24/7. Let’s start fighting together,
Greg Baumgartner
CEO of Baumgartner Law Firm
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High-Risk Locations for Drowning Incidents
Drowning incidents can occur in various locations, but some areas are considered high-risk because of the water’s presence and the potential for accidents to occur. These locations include:
- Swimming Pools: Both public and private swimming pools can be high-risk locations for drowning incidents, particularly if they are not properly maintained or supervised. Ensuring swimming pools have safety features, such as fences, alarms, and proper covers, can significantly reduce the risk of accidents.
- Natural Bodies of Water: Lakes, rivers, and oceans can be high-risk locations for drowning incidents, particularly for individuals who are not strong swimmers or are unfamiliar with the water conditions. When swimming in these areas, it’s crucial to be aware of currents, tides, and other natural hazards to prevent unintentional drowning injuries.
- Bathtubs: Surprisingly, bathtubs can also be a high-risk location for drowning incidents, especially for young children who are left unattended. Always supervise children during bath time and never leave them alone in the tub.
- Water Parks: Water parks can be risky places for drowning. This is more likely when parks get too crowded or lifeguards lack proper training. To stay safe, follow all park rules. Always watch children closely. These steps can help prevent accidents at water parks.
Texas Laws About Drowning Prevention
The Virginia Graeme Baker Pool & Spa Safety Act
The Virginia Graeme Baker Pool and Spa Safety Act aims to prevent drowning injuries and promote safety in public swimming pools. It is named after a 7-year-old girl who was 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 outlawed not ASME/ANSI A112.19.8-2007 certified drains, required public pools and spas to be fitted with parts to prevent entrapment, and gave grants to states that passed similar legislation to protect against drowning injuries.
If a public pool used an outlawed drain or failed to take adequate steps to prevent entrapment, it may be responsible under this Act if a 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.
Water Safety in Houston, TX
Houston has many places to enjoy water, like pools, water parks, and lakes. These spots are fun but can be dangerous. Drowning is a real risk at these places. To keep safe in the water, you should follow some basic safety tips.
- Swimming with a buddy is an essential safety measure to prevent drowning injuries in Texas swimming pools: Always swim with a companion to ensure help is available in an emergency.
- Following Safety Rules: Adhere to posted safety guidelines and instructions from lifeguards or pool staff.
- Being Aware of Surroundings: Pay attention to your environment, including water depth, currents, and potential hazards.
- Not Swimming Alone: Avoid swimming alone, especially in unfamiliar or remote areas.
- Avoiding Areas with Strong Currents or Rough Waters: Stay clear of areas known for strong currents, rip tides, or rough waters.
- Avoiding Areas with Poor Visibility: Do not swim in waters with low visibility, as it can be challenging to spot hazards or other swimmers.
- Swimming Only Where Lifeguards are Present: Choose swimming locations with lifeguards on duty for added safety.
Additionally, pool owners and operators in Houston, TX, must follow safety regulations, such as installing fences around pools and providing proper supervision, to ensure safety measures are in place that keep swimming pools as safe as possible.
Some Houston, TX Drowning Accident Cases We Have Won
Model Home Swimming Pool Drowning Case
A young boy was at a model home while the adults were shown the home. He could escape from the model home, into the backyard, and drown in the pool. The commercial model home lacked safety, drowning prevention, and child safety features. After a lawsuit was filed just before trial, the defendants settled with our Houston wrongful death lawyer for a huge amount.
Apartment Complex Swimming Pool Drowning
A boy was trapped in a drain that did not meet the law’s requirements. The boy was unconscious but was able to be saved and recovered fully. Following the filing of a lawsuit, the defendants’ failure to comply with the required safety precautions led to a settlement of a sizable amount. Our punitive damage lawyers specialize in cases involving severe injury or death due to negligence in swimming pool accidents.
Filing a Wrongful Death Claim After a Drowning Accident
If a loved one drowned, you may be able to file a wrongful death claim. This can help you get money for your losses. You can file this claim against the party at fault for the accident. This could be a pool owner, someone who runs a pool, a maker of defective pool gear, or a government group.
To file a wrongful death claim, you will need to prove that the defendant was negligent or reckless in their actions and that their negligence or recklessness caused the drowning accident. You must also provide evidence of your losses, such as medical expenses, funeral expenses, and lost income related to drowning injury cases.
Talk to a Houston drowning accident lawyer about your options. A skilled lawyer can help you through the legal steps, collect evidence, and fight for your rights. This ensures you get the money you deserve for your case.
Taking Legal Action on Drowning Accidents
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, such as swimming pool owners or others. The defendant’s negligent actions led to or contributed to the accident and resultant drowning or near-drowning, and the plaintiff has suffered damages.
Most Drowning Cases Involve Children
More than 50 percent of all drowning incidents involving young children and infants occur in a swimming pool, making it crucial to address the legal implications of a Houston swimming pool accident. Many of the accidents that have occurred have been prevented with either proper supervision of the child or proper protection and maintenance of the pool area.
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. law includes provisions for accountability in cases of drowning injuries and other pool-related incidents. Code Title 4 Sec. 71.009). Different groups have different rules about what counts as negligence. For example, makers of products face strict rules. If their products have flaws in how they're made, designed, or labeled, they can be held responsible for any harm caused. This is true even if they took reasonable care when making the product.
Common Causes of Drowning Deaths and Who May Be Liable
Small children can drown in very shallow water. Drowning can happen in many places. These include water parks, hotels, apartment buildings, lakes, and drainage ditches. Owners of property, even those with private pools, must keep their areas safe. This helps prevent accidents. Public pools must follow strict safety rules. Texas premises liability law can hold careless parties responsible. This applies when swimming pool accidents cause injury or death.
Legally, any party whose negligence 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.
Swimming-Pool-Accident-Statistics
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.
*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 of swimming pool injuries can range from a few thousand dollars (and may involve insurance companies) 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 instances 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.
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Frequently Asked Questions
Houston Drowning Accident FAQs
Here are some frequently asked questions about drowning accidents in Houston, TX:
What are the most common causes of drowning accidents in Houston, TX?
The most common causes of drowning accidents in Houston, TX, include swimming pool accidents, boating accidents, and near-drowning incidents.
Who is at risk of drowning in Houston, TX?
Anyone can be at risk of drowning in Houston, TX, but certain groups, such as young children and older adults, are at a higher risk.
What are some water safety tips for swimming pools in Houston, TX?
Some water safety tips for swimming pools in Houston, TX, include swimming with a buddy, following safety rules, and being aware of one’s surroundings. Always supervise young children.
Can I file a wrongful death claim if my loved one died in a drowning accident?
Yes, you may be able to file a wrongful death claim if your loved one died in a drowning accident. Consult with a Houston drowning accident attorney to discuss your options.
How long do I have to file a Drowning Lawsuit in Texas?
In Texas, you have two years from the date of the drowning accident to file a lawsuit. This is known as the statute of limitations. You may be barred from seeking compensation for your losses if you do not file a lawsuit within this timeframe.
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Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
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