Dallas Drowning Accident Attorney

According to data from the US Consumer Product Safety Commission (CPSC) based on reports compiled by the USA Swimming Foundation, Texas had the deadliest rate of child pool and spa drownings in 2019 for children ages 15 and under. According to the CPSC, fatal drownings across the country have been increasing year after year, and pool drowning is not strictly something that happens only to children. Any person at any age can be the victim of drowning caused by the careless or negligent actions of others.

In the days and weeks following a drowning or near-drowning incident in or around the Dallas area, questions arise, and investigations take place about how the incident occurred. It is often discovered that the accident could have been prevented if the location where the drowning occurred had been better protected, perhaps by having a lifeguard on duty or by ensuring that a child could not wander into the area unsupervised.

Texas law classifies swimming pools as an “attractive nuisance.” The attractive nuisance doctrine means that a property owner can be held liable for injuries to children trespassing on the property if the injury is caused by an object that is likely to attract the child. In Texas, rules set forth in Section 757 of the Texas State Health and Safety Codes state that:

• All pool fences must be at least four feet high
• Pool fences cannot be constructed using chain link fence material that can be climbed
• Fence gates must be self-closing and self-latching, and the latches must be installed in a position of manner that makes it difficult for a child to open
• When pools are not in use, the pool gates must be secured with a padlock, combination lock, or card-operated lock
• All pool chemicals and maintenance tools must be stored in a secured location