Dangers of Drowning for Adults and Children

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Dangers of Drowning for Adults and Children
08.20.2015 News

Texas is a state with plenty of warm weather and a great many bodies of water, including the Gulf of Mexico, numerous lakes and ponds and lots of swimming pools, spas and water parks that can create hazards for both adults and children, especially those who have not learned to swim. Anyone can be swept downstream by a rushing current, even if they are skilled swimmers. In addition to those hazards, small children also commonly drown in puddles, buckets of water and pretty much anything that contains water after a rainstorm. 

In short, Texas has no shortage of environments available that present a potential for serious risk, which may be why drowning accidents in Texas are more common than many people realize. Hazardous circumstances can have serious repercussions when those who are responsible don't so whatever is necessary to keep people safe. While drowning accidents are common among adults, according to the Center for Disease Control and Prevention (CDC), nationwide, one out of every five drowning victims in the U.S. is under the age of 14.

In a great many drowning cases, property owners may be responsible for conditions that led to the accidents for a variety of reasons, including insufficient or inadequate gates or guards around water sources such as pools and spas, for not providing certain people, such as staff, with proper protective equipment or even due to insufficient training. Property owners and employers of people who work near water hazards have an absolute responsibility to mitigate pool and water hazards with whatever methods are necessary.

Among the most common negligent actions that lead to drowning injuries and deaths include:

  • Improper or poor maintenance of a property with a water hazard.
  • Negligence on the part of the owner of a property with a pool or spa.
  • Lack of supervision or lifeguarding or lifeguards and supervisors who have been inadequately trained and/or certified.
  • Defective products that make the pool or spa function in a dangerous way.
  • Poor or insufficient restraints, such as gates and barriers.

Depending on a number of factors, pool and spa owners can be held liable for any drowning injuries on or around their property, if they knew or should have known, the hazards existed. Swimming pool owners, whether the pool if private or public, have a duty to supervise all swimmers of all ages and they also have to properly restrict access to the pool when no one is present. In addition, they can be held liable for accidents and injuries stemming from a lack of maintenance, including broken slides or diving boards, or even drains. Pools are also required to have adequate first-aid kits and working automatic external defibrillators at all times. The companies that sell, manufacture and/or service pool equipment companies can be held liable if there are defects in design or manufacture. The company may also be liable if it fails to warn about the risks of its pool products.

Negligence involving water hazards may cause serious injury or death in many different ways; perhaps a school with a swimming-related physical education class doesn't provide enough supervision, or a spa doesn't maintain its equipment to manufacturers' standards or inspect it often enough. Obviously, death is a major risk from drowning, but there is also a potential for serious injury, including brain damage, which is often caused from the lack of oxygen endured by drowning victims.

Houston, Texas Personal Injury Lawyers

The Texas Drowning Accident attorneys at Blizzard Law PLLC treat all such cases with caring, as if our own families were affected; these types of injuries affect whole families, as well as the person who is the direct victim. If you or a loved one has been injured in a drowning accident, please contact us as soon as possible, so that we can get compensation for you and your family.