Drowning is the leading cause of accidental death for children under 5 years old. It only takes a few seconds for a child to drown. Adults can be at risk for drowning when swimming in unsafe conditions as well. From drowning to accidents related to diving boards or maintenance equipment, Austin swimming pool injury attorney Daniel B. Ross understands just how dangerous pools can be. If you need legal assistance regarding injuries you or a loved one sustained from a swimming pool accident in Texas, look no further than Ross Law Firm.
How Does Drowning Happen?
In some situations, drowning is a tragic accident. However, some drownings are a result of negligence and can result in legal liability for the responsible parties. In nonfatal cases, drowning can result in permanent brain damage or other internal problems due to oxygen deprivation. Drownings are often fatal, and the survivors can sue for wrongful death on behalf of their deceased loved one.
Drowning is the aspiration of liquid or breathing in liquids. The result is hypoxia, in which the body is deprived of oxygen. This can cause organ damage, along with irreversible harm to the respiratory system and brain. Oxygen deprivation can also lead to cardiac arrest and lung failure. If the victim does not receive immediate medical intervention, he or she can easily die.
Many factors can cause a person to drown. No children should be left unsupervised in or near water, regardless of their perceived swimming ability or depth of the water. Children can drown in mere inches of water if improperly supervised. If your child was injured or drowned due to the negligence of another party, reach out to a compassionate Austin swimming pool injury attorney to learn more about your available legal options.
Who Is Legally Liable for Drownings in Texas?
Lifeguards who are trained to respond to swimmers in danger usually staff public swimming pools and beaches. If they are negligent in their supervision or duties, they may face legal action from a drowning victim’s surviving family members in fatal cases. If they were under the influence of drugs or alcohol at the time of the accident, they may face criminal charges, as well.
Water sports are another common cause of drownings. In some situations, a person may be injured on a boat, Jet Ski, or other watercraft, and their ability to swim is impaired or they are knocked unconscious. The operator of the watercraft may be legally responsible for the ensuing injuries or death.
If the operator of a watercraft or a lifeguard is found to have been negligent in providing reasonable care while performing their duties, they may be considered liable for damages. Proving negligence in any injury or wrongful death case requires your Austin personal injury lawyer establishing three facts:
- The defendant had a duty to act with reasonable care. Examples would be watercraft operators being mindful of their surroundings, not operating their vehicles under the influence of drugs or alcohol, or lifeguards being attentive and responding quickly during their shifts.
- The defendant breached this duty by some action or in some cases, inaction. This could be a boater hitting a swimmer, knocking the person unconscious, and causing him or her to drown, or lifeguard leaving their posts when people needed help.
- This breach of duty directly resulted in the drowning, the victim’s resulting injuries or death.
Proving negligence is sometimes difficult, and having an experienced and reliable Austin swimming pool injury attorney will make the process much easier. At the Ross • Scalise Employment Lawyers, our team of legal professionals has the experience seeking fair compensation for drowning victims and their loved ones. We believe that anyone who acts recklessly or carelessly and contributes to another person’s drowning needs to be held accountable for these irresponsible actions and pay for the damage caused.
Contact a Seasoned Swimming Pool Injury Lawyer in Austin, TX
If you have experienced injuries from a swimming pool accident or a drowning in your family, do not hesitate to contact a knowledgeable attorney at Ross • Scalise Employment Lawyers. Our legal team fights tenaciously on behalf of our clients and will work tirelessly to ensure that you receive the compensation you deserve. Victims should not be left to pay for losses that resulted from someone else’s negligence so contact us today to schedule your consultation.