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April 28, 2025 by Greg Baumgartner
Child drowning is one of the most tragic and preventable causes of death for young children, especially in the United States. The CDC tells us more children ages 1-4 die from drowning than from any other cause of death. Despite ongoing efforts to raise awareness about fatal child drownings, the statistics remain deeply troubling.
Understanding the causes, the risk factors, and how families can take steps to prevent these heartbreaking accidents is critical. For families affected by these tragedies, exploring legal options is important. This helps them seek justice and ensures that others do not face similar situations.
Each year, hundreds of young children lose their lives due to drowning, with infants and toddlers being the most vulnerable. According to the Centers for Disease Control and Prevention (CDC), drowning is the leading cause of unintentional injury death for children ages 1 to 4. Hundreds of children die annually from drowning, and 75% of fatalities are children under 5 years old.
Even more alarming is the fact that for every child who dies from drowning, there are several more who survive but are left with permanent brain injuries. The CDC reports that approximately 5,000 children under the age of 14 are treated in emergency departments for nonfatal drowning each year.
According to the Texas Department of Family and Protective Services, 90 kids drowned in Texas in 2023, with 25 of those drowning accidents happening in Harris County.
These statistics illustrate the sheer magnitude of the problem and underscore the urgent need for effective prevention strategies.
Understanding the key risk factors involved in child drownings is critical for both prevention and intervention. Many of the tragic deaths that occur each year are entirely preventable, especially when families, caregivers, and communities are informed and proactive.
Most child drownings in Houston occur in pools, followed by bathtubs, lakes, and rivers.
Lack of Supervision
The leading cause of drowning in young children is a lack of adequate supervision. Even a brief lapse in attention—whether due to distractions or overconfidence—can lead to a fatal drowning incident. Regardless of their swimming abilities, children must never be left unsupervised near water.
Inadequate Pool Barriers
In homes with private pools, an inadequately secured pool area poses a significant risk to children. Many child drownings occur when children gain access to a pool without adult supervision. Pool fences, gates with self-latching locks, and other safety features can dramatically reduce the risk of these tragedies.
Alcohol Consumption
Alcohol consumption among parents or caregivers while supervising children near water is another preventable risk factor. Studies show that alcohol impairment is a contributing factor in a significant number of fatal drownings, particularly in private pools and lakes.
Unfamiliarity with Water Safety
Children who are not taught basic water safety skills or are unfamiliar with water’s dangers are at higher risk of drowning. This is particularly evident in areas without formal swim lessons or water safety education.
Non-Rescue Equipment
The lack of life-saving equipment, such as life jackets or flotation devices, in and around water increases the likelihood of a fatal drowning. This risk is especially high in natural bodies of water, such as lakes, rivers, and oceans, where children may not have protective gear.
Failure to Recognize the Signs of Drowning
Drowning can happen quickly and silently. Unlike the dramatic and noisy portrayal in movies, real-life drowning is often quiet. Parents and caregivers might not see the early signs of distress. They may also confuse a child’s distress with other issues. This can greatly delay help when it is needed.
The statistics about fatal drownings are serious. However, there are many ways to help lower the risk. These measures focus on education, proper supervision, and safety equipment to keep children safe around water.
Constant, Active Supervision
The most effective way to prevent drowning is constant, active supervision. Caregivers should always be within arm’s reach of a young child while in or near water. This includes pools, beaches, bathtubs, lakes, and ponds. When many adults are around, each one should take turns watching the children. They should avoid distractions like smartphones or reading.
Secure Pools with Fences and Barriers
For families with private swimming pools, it is very important to install a fence. The fence should be at least four feet high and have self-closing and self-latching gates for safety. Pool covers and alarms can also help provide an additional layer of protection. Ensuring all entrances to the pool area are properly secured in areas like homes or vacation properties is essential.
Swim Lessons for Young Children
Teaching children basic swimming skills early is important in reducing the risk of drowning. Programs such as “Learn to Swim” offered by the American Red Cross or the YMCA are invaluable. Along with swimming lessons, children should learn basic water safety rules. They should know not to run near pools, understand the dangers of deep water, and know how to float.
Use Life Jackets and Safety Equipment
Children should always wear properly fitted life jackets or personal flotation devices (PFDs) when swimming in open water, such as at Lake Conroe or the ocean. This is particularly important for non-swimmers or inexperienced children. Caregivers should also be familiar with basic rescue techniques, including CPR.
CPR Training for Parents and Caregivers
Knowing how to perform CPR can be the difference between life and death in a drowning emergency. Parents, caregivers, and anyone supervising children near water should be trained in CPR and emergency first aid. Many organizations offer short courses on CPR, which is a valuable investment in the safety of children.
When a child drowns because of negligence or not following safety rules, families can take legal action. They want to hold those responsible accountable. You may have legal options for wrongful death claims. This is especially true if the drowning happened due to poor supervision, unsafe conditions, or breaking water safety laws.
Wrongful Death Lawsuits
Families who lose a child to drowning may be entitled to compensation through a wrongful death lawsuit. If the drowning occurred in a public pool, daycare facility, or recreational location, legal action can be taken against property owners, operators, or those responsible for maintaining safety measures.
Premises Liability
In cases where a drowning occurs at a private residence or business due to faulty safety measures (e.g., unsecured pool fences, broken gates, or lack of life-saving equipment), a premises liability lawsuit may be an option. Property owners are legally responsible for maintaining safe environments for guests and residents, including adequate barriers to prevent unauthorized access to dangerous areas.
Negligence Claims
If the drowning occurred due to negligent behavior, such as an adult supervising a child under the influence of alcohol or failing to supervise children properly, legal action may be taken against the negligent parties. Legal counsel can assist in navigating the complexities of these cases to ensure justice is served.
Fatal child drownings remain a devastating issue, but they do not have to be inevitable. By knowing the causes and risks, parents, caregivers, and communities can take important steps to prevent these tragic accidents. Constant supervision and good safety measures, like pool barriers and life jackets, can greatly lower the risk of drowning. Early swimming education also helps keep kids safe. For those who have suffered the unimaginable loss of a child, legal action may provide a path to accountability and, ultimately, justice.
Prevention and awareness are important for saving lives. By promoting a culture of safety, we can reduce fatal child drownings. This way, no more families will have to face such a tragedy.
Our expert Houston drowning lawyers have won many cases involving drowning in a pool.
Contact Baumgartner Law Firm for a free consultation at (281) 587-1111.
Recourses:
Since establishing Baumgartner Law Firm in 1985, Greg Baumgartner has built a reputation as one of Houston’s leading personal injury attorneys, dedicated to representing severely injured victims and families who have lost loved ones due to negligence.
Greg holds two law degrees, a distinction earned by less than 1% of all attorneys, demonstrating his exceptional legal expertise. He is also a prestigious Trial Lawyers College graduate, further enhancing his skills in trial advocacy and litigation.
His relentless commitment to legal excellence and client advocacy has earned him recognition from prestigious organizations, including Super Lawyers, the Top 100 Trial Lawyers, and many others.
With decades of experience, Greg has consistently received top peer reviews. He holds a preeminent rating, a testament to his unwavering dedication to securing justice and maximum compensation for his clients.
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