If someone drowns at a pool or hotel, responsibility often falls under premises liability law. Property owners and operators have a duty to keep their property safe and take steps to prevent accidents. Ignoring that duty can make them liable for any resulting injuries or fatalities.
Pool drownings are often avoidable
In drowning incidents, negligence often shows up in clear, preventable ways, such as:
- Broken gates or missing safety barriers
- No lifeguard or lack of supervision
- Slippery pool decks without proper treatments
- Poor lighting around the pool area
- Missing or unclear safety rules and emergency instructions
The Centers for Disease Control and Prevention (CDC) reported that, in the United States, drowning remains the primary cause of death for children ages 1 to 4. Growing deaths in this age group rose 28% in 2022 compared with 2019.
Determining liability after a drowning incident
In Texas, property owners have a legal duty to keep their premises safe, including areas near pools and bodies of water. They must inspect the property often, post clear warnings, maintain safety equipment and make sure lighting and barriers work properly. Neglecting these responsibilities may result in legal liability in case of death or injury.
Depending on the circumstances, several parties may share responsibility for a drowning:
- Property owners who fail to maintain safe conditions or address known hazards
- Hotel operators who neglect proper staffing, training or safety protocols
- Maintenance companies that perform inadequate upkeep on pool equipment
- Product manufacturers when defective equipment contributes to the accident
Hotels often face the most scrutiny because they invite the public onto their property. Their duty of care extends beyond basic upkeep, and neglecting safety measures can put guests at serious risk.
Pursuing justice and compensation
A drowning is a devastating loss for any family. When negligence contributes to the tragedy, legal action can bring accountability and help prevent future harm.
Qualified individuals, typically families, may file a wrongful death claim to recover costs such as funeral expenses, lost income and loss of companionship. In near-drowning cases, survivors can seek compensation for medical bills, long-term care and lost wages.
Families generally have a two-year period from the time of death to file a wrongful death lawsuit in Texas. Failing to act within this timeframe may bar recovery of compensation. A legal professional can help families navigate this difficult time and seek accountability for their loss.
