Who Is Legally Responsible If Your Child Drowns in a Public Pool?

Who Can I Hold Accountable for My Child’s Drowning Incident at a Public Swimming Pool? 

When a preventable injury happens on someone else’s property or at a public space like a swimming pool, this type of case is called premises liability. These cases, including determining liability, can be complex, as there may be multiple parties who contributed to your child’s drowning incident. Here is a closer look at who might be held responsible at a public pool:

• Lifeguards on Duty: As the first line of defense in preventing drowning incidents at swimming pools, lifeguards are trained to spot signs of distress, respond quickly, and enforce safety rules. If a lifeguard was not properly trained or failed to respond appropriately during an emergency, they may be held liable.
• Pool Staff and Management: Anyone at the pool who is responsible for its day-to-day operations can also be held accountable for a child's drowning. If they failed to monitor the pool’s capacity, maintain clear signage with safety warnings, or enforce safety restrictions, that could have played a role in your child’s drowning.
• The City or County: Most public swimming pools are operated by local government agencies, such as a city or county parks and recreation department. These entities can be held accountable for the pool’s conditions, lack of trained staffing, or potential lack of safety features that fail you and your child.
• Third-party Pool Maintenance Companies: Some cities hire outside vendors to maintain a public swimming pool or provide lifeguard services. These companies could be held responsible for your child’s drowning due to safety failures such as defective pool drains or unsafe water conditions, including a lack of chemicals or over-treated water.

Is There a Difference If My Child Drowned or Nearly Drowned at a Public Swimming Pool?

A child nearly drowning may not seem as grave as a fatal drowning, but it can still be serious. Sadly, children who survive a near-drowning incident may suffer the following due to a prolonged lack of oxygen:

• Developmental delays
• Long-term brain damage
• Memory loss

If My Child Drowned or Nearly Drowned at a Public Pool, What Should I Do?

It can be overwhelming if your child drowned or nearly drowned on what was intended to be a fun family outing. However, it is important to know how to act quickly and what to do next so that you can help advocate for your child or their legacy:

1. Seek Emergency Help: As soon as possible, call 911. Even if your child survives, serious impacts such as water in their lungs or brain swelling can worsen over time. Quick action can save your child’s life and improve their future quality of life. It is important to keep your child’s medical records and receipts for any care they received to treat their drowning injuries.
2. Gather Evidence at the Scene: If you are able, use your smartphone to take photos and videos of the pool area that capture lifeguards who were on duty, any warning signs posted around the deck, the pool layout, and any visible safety hazards. In addition, seek out any photos or videos your neighbors or other pool patrons may have taken. It is also a good idea to get the names and phone numbers of others who witnessed your child’s drowning incident at the pool. Their testimony and account of what happened could help your family get a better grasp of the events leading up to the drowning and strengthen a future legal case.
3. Request an Incident Report: Request a copy of an incident report that may provide a timeline, the names of people involved, and the actions that were taken to save your child. If the police or emergency responders came to the pool, request their reports, too.
4. Speak with Our Child Injury Lawyers at The Button Law Firm: Our team of experienced and compassionate child injury lawyers is here to listen and help advocate for your family. Call us at 214-699-4409 or email us at intake@buttonlawfirm.com for a free case evaluation. We can help guide you on the potential pathways to get justice for you and your child after a traumatic experience at a public swimming pool, so that you can decide the best course of action for your family.

In the tragic event that your child passed away at the swimming pool, we can assist with seeking justice by filing a wrongful death of a child lawsuit. While your child cannot be brought back, you may gain peace of mind knowing that taking legal action on their behalf could help protect other children from suffering the same fate at the pool.

As we mentioned earlier in this blog post, premises liability cases can be complex, and that is where our knowledgeable and experienced team comes into play. When cities and counties are involved, there are stricter procedures involved compared to taking action against private entities. Our team can navigate that while you can focus on your family and your child’s legacy.

Did Your Child Drown at a Public Pool? Contact The Button Law Firm.

If your child drowned or nearly drowned at a public pool anywhere in Texas, contact our experienced Texas child injury lawyers at The Button Law Firm. With lawyers in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help your family move forward. Our lawyers at The Button Law Firm are recognized on the prestigious Texas Super Lawyers list, and we can help guide you after a traumatizing incident involving your child. We work on contingency, meaning we don’t charge you or collect any upfront fees to get started on your case. Call us at 214-699-4409, email us at intake@buttonlawfirm.com, or fill out a contact form for a free case evaluation.