A swimming pool accident can be tragic. When death by drowning does not result, a near-drowning episode can leave the victim with permanent and irreparable brain damage. In other cases, an injury at the pool – such as a slip and fall – may lead to broken bones, lacerations, or even spinal cord injuries.
When a pool accident occurs on someone else’s property, a victim can seek damages from the at-fault party. In order to do so, the victim will need to prove liability. The following considers how to establish liability for a pool-related accident in Texas.
Property owners in Texas have a duty to maintain their properties in a safe and hazard-free condition and to remedy any known dangers on the property in a timely manner. This duty extends to both invitees (those who the property owner invites onto the property) and licensees (those who have a legal right to enter the property), but not to trespassers. However, in the event that the trespasser is a child, the attractive nuisance doctrine in Texas may apply.