A Guide to Premises Liability in Texas Swimming Pool Accidents

06th August 2023     Sophia Hogg

A Guide to Premises Liability in Texas Swimming Pool Accidents

Swimming is a fun and refreshing activity popular among residents in Texas. Unfortunately, swimming may also be treacherous, especially if proper safety precautions are not in place. Reckless or negligent pool owners create hazardous conditions that lead to serious swimming pool accidents, which cause devastating injuries and, worse, fatal drownings. It gets even worse for young children, who risk falling into swimming pools.

No matter what type of injury you’re dealing with, it’s important to remember that you have rights and may file a premises liability claim against owners who neglect their responsibilities. Read on as experienced attorneys at Dale R. Rose guide you on premises liability in Texas swimming pool accidents.

Swimming Pool Owner’s Obligations

Property owners are legally obligated to take additional precautions when they have a swimming pool. They must keep their premises safe and promptly remedy hazardous conditions to prevent accidents. Some of the safety measures property owners should take include:

  • Installing self-closing and self-latching gates
  • Have a fence around the pool area that’s at least 4 feet high
  • The fence around the pool area should have gaps of less than four inches
  • Locking, removing, or securing ladders for above ground pools when not in use
  • Have a reaching pole or rope in the swimming area to help a struggling swimmer
  • Install safety systems and alarms on doors and windows that open out to the pool
  • Always have a life jacket

Swimming pool owners are also required to ensure the safety of children swimming in their pools. A pool may attract young children who don’t understand its danger. That’s why homeowners should exercise a higher duty of care to protect children who may wander onto their premises due to the pool. They must inspect their property and look for potential hazards that may endanger children, visitors, and other parties.

Negligence in Swimming Pool Accidents

Swimming pool accidents in Texas often happen as a result of negligence. Negligence is when property owners fail to adhere to safety protocols and leave their pools unprotected or unsupervised. Failure to warn visitors of the potentially dangerous conditions around their pool is also a form of carelessness. Such negligence may lead to serious swimming pool accidents, and a pool owner may be liable for the victim’s damages. Therefore, most swimming pool accidents are preventable and are caused by negligent acts such as:

  • Lack of restricted access, including no pool fence or gates left unlocked
  • Low water levels
  • Electrocution
  • Damaged or broken pool components and ladders
  • Lack of safety equipment
  • Slip and fall hazards
  • Negligent pool maintenance
  • Bacterial infections and broken glass

Unfortunately, swimming pool accidents can happen anywhere, from public and private pools to portable pools, water parks, and wave pools. You can file a premises liability claim if you or your loved one were injured in a Texas swimming pool accident that appropriate safety precautions would have prevented.

Premises Liability in Swimming Pool Accidents

Swimming pool accident victims may file a lawsuit against pool owners who neglect their responsibility to ensure safety. A Texas premises liability attorney can help you build a successful premises liability claim and guide you through receiving a favorable outcome for your case.

Private Pool Liability

Private pool owners are liable for poolside accidents that cause injuries to guests, invitees, or licensees on their property. For private pools, these are homeowners, hotel owners, corporations, or property managers.

A defendant in a premises liability case may be required to determine who owns or controls the pool and demonstrate that they owed a duty of care and breached it. Retaining an experienced personal injury lawyer may help prove that the owner failed to meet Texas pool safety requirements, causing your injuries.

Public Pool Liability

The pool premises liability also applies to public swimming pools owned by government entities. Owners of public pools are also required to ensure the safety of members of the public who use the pool.

They may be held liable for your injuries when they fail to prevent unauthorized access by children or provide lifeguard supervision or safety equipment. Public pool liability is more complicated and requires the experience and knowledge of a dedicated attorney to determine and prove liability.

Pursuing Damages After a Swimming Pool Accident

Beyond drowning, Texas swimming pool accidents may also cause serious injuries such as broken bones, traumatic brain injuries, and spinal cord injuries. Unfortunately, swimming pool liability is often complex and contains legal nuances that can overwhelm you during such difficult times.

That’s why you should seek guidance from a skilled lawyer when pursuing compensation against the liable parties. An attorney can use their experience to evaluate your case and develop a litigation strategy to prove premises liability.

Contact a Swimming Pool Accident Lawyer at Dale R. Rose, PLLC

Property owner’s negligence in maintaining safe conditions in their pool facilities endangers the lives of those on their property. Accidents around swimming pools may cause severe injuries or even wrongful deaths. Pursuing a premises liability claim will not only help you get compensated but also give you peace of mind for a speedy recovery.

At Dale R. Rose, PLLC, we understand that the success of your premises liability case depends on our hard work and dedication. We can help compile evidence and go the extra mile to build a strong claim on your behalf. Call us today at (972) 634-ROSE (7673) or fill out our contact form to schedule a free consultation with our dedicated Texas premises liability attorney.


Dale R. Rose

Personal Injury Lawyer

If you or someone you know has been injured in an accident, has been a victim of a workplace accident, or any other personal injury, Dale Rose is the best attorney for you in McKinney, Texas. With 25+ years of experience, Dale is committed to helping you get the compensation & justice you deserve.

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