Going swimming can be an enjoyable way to beat the Texas heat during the summer months. Many Texan families enjoy spending time swimming, playing in the water, or relaxing poolside. Children are especially attracted to water. However, swimming pools and open water such as ponds, golf course water hazards, retention ponds, and aqueducts and drainage areas can be very dangerous as well. It only takes a brief moment for a serious or fatal accident to occur. Owners or managers of properties with swimming pools or other water features have a vital duty to look out for the safety of those who visit the pool – including young children who may visit the pool without permission. When this duty is neglected, the harm done may be irreversible.

The Law Office of Shane R. Kadlec is committed to aggressively pursuing claims stemming from drownings related to open water and swimming pool deaths. Our attorneys take safety issues affecting Texas families seriously. We will strive to hold those who are responsible for keeping swimming pools safe liable for any personal injuries that occur because of their failure to do so. If you or your child has been injured at a dangerous swimming pool, we will fight for the compensation you need.

Understanding Texas Attractive Nuisance Laws

It is well known that young children can be overcome with temptation when faced with features like swimming pools that appear fun, but are also dangerous. Such features are known as “attractive nuisances,” because they attract children, but are a nuisance to the community due to the danger they present.

In Texas, those who keep an attractive nuisance on their premises have a distinct duty to protect potential child trespassers from danger. When this doctrine is applied to swimming pools, safety features such as childproof fencing is absolutely essential. If a child – even a child who was not invited to enter the pool area – is injured due to the lack of safety features, the pool owner is very likely liable for the harm suffered by the child.

The Risks Associated With Swimming Pools

Swimming pools tend to cause injuries in categories including:

  • Drowning: These injuries may be fatal, or they may lead to severe brain damage. Dry drowning and secondary drowning are also significant risks. Even strong swimmers and adults can drown when defective pool equipment causes suction that can trap a person under the surface.
  • Slips, trips, and falls: While it can be expected that the wet deck around a pool may be slightly slippery, using the wrong material or allowing pool toys to lay around on the ground may create an unreasonably dangerous situation.
  • Neck and spinal cord injuries: Allowing diving in water that is too shallow or failing to inform swimmers of the water depth can cause people jumping in to strike the bottom with force and suffer serious injuries.

These harms are generally preventable when adequate safety precautions are taken.

Pursuing Compensation for an Injured Child

Sadly, children are the most frequent class of people who are injured in swimming pool accidents. As minors cannot file a lawsuit on their own behalf until they come of age, a parent or guardian can pursue compensation on their child’s behalf.

Calculating damages when a child is injured can be complex. Attorney Kadlec will strive to include every possible type of compensation you and your child may be eligible for in our demand.

Swimming Pool Accidents and Wrongful Death

Due to the nature of many accidents that take place at swimming pools, fatalities are an all-too-common result. Dangerous conditions at a swimming pool can cause drowning or brain or spinal cord injuries, which can be fatal in severe instances. If you have lost an immediate family member due to an accident at a swimming pool, you may be able to recover compensation for your tragic loss. Wrongful death laws are designed to compensate surviving family members of a person killed by another party’s negligence.

Swimming Accidents FAQs

Answer: In addition to childproof fencing, owners should install self‑closing, self‑latching gates, pool alarms, and proper lighting around water features. Regular inspections and maintenance of these devices ensure they function correctly and deter unsupervised access.

Answer: Public pools and water hazards often trigger stricter statutory regulations and higher standards of care, including lifeguard requirements and posted safety signage. Residential owners face attractive‑nuisance liability but may not be subject to the same detailed operational rules as commercial facilities.

Answer: Most homeowner policies include liability coverage for injuries on your property, but limits vary and insurers may dispute negligence claims. Consulting with an attorney early helps ensure you meet policy notice requirements and fully explore all available coverage.

Answer: Clearly visible signs indicating “No Diving,” “Shallow Water,” or “Children Must Be Supervised” serve as both a preventive measure and evidence that the owner took steps to warn visitors. Courts consider proper signage as part of an owner’s duty to mitigate risks and can reduce liability if warnings are adequate.

Answer: Damages include medical costs, future care for lasting impairments, and noneconomic losses like pain and suffering or loss of a normal childhood. Because children have longer recovery and developmental impacts, courts often award higher multipliers for future damages.

Answer: Yes, if an adult is attracted by a dangerous condition and the owner failed to address known hazards, attractive‑nuisance principles may apply. However, liability is generally lower for adult trespassers, and defenses like contributory negligence can reduce recovery.

Answer: Photographs of missing or faulty safety features, maintenance logs, and witness statements about unsupervised access are vital. Expert testimony, such as from pool‑safety consultants, can establish how standard precautions were ignored and link that neglect to the injury.

Contact a Houston Swimming Pool Accident Lawyer

The Law Office of Shane R. Kadlec will fight for you to receive the highest possible award or settlement after a swimming pool accident. Our skilled Houston swimming pool accident attorneys will fully investigate the accident in our effort to prove the pool owner’s negligence. Contact us at 281-643-2000 for a free consultation.