Houston Drowning Accident Attorney

Child Drowning Accident Information from Houston Drowning Accident Attorney Michael Grossman

Houston Infant Drowning Accident Attorney

Thousands of children in Texas look forward to the warmer days of summer because they know it means that they’ll be able to jump into the cooling waters of a pool.

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However, the thrill of being able to have fun at a pool can sometimes turn into a nightmare in a mere matter of seconds.

Negligent supervision, lack of maintenance, and other issues can contribute to the possibility of a pool accident occurring that could result in serious injury to a child. When a capable adult is not nearby to help a child struggling in the water, a fatal drowning accident can occur. In either instance, the ramifications of such a drowning accident in a Houston pool may reverberate far beyond the few minutes in which the event occurred. Severe injury can occur that may result in a child suffering a medical condition that could be a lifelong ailment. Such a medical issue would be accompanied by large amounts of medical bills. In the event of a child drowning, the loss felt by friends and family cannot be expressed, and neither will compensation work to appease the grief. However, justice against the liable parties can be sought through a wrongful death lawsuit so that a similar accident does not have to cause similar grief to another family in the future based on the liable party’s repeated negligent behavior. Houston drowning accident attorney Michael Grossman offers the following informational article to provide a general overview of the issues that can be involved when pursuing legal action in light of a drowning accident in Houston, TX.


Child Drowning Statistics in the United States

The United States Centers for Disease Control offers the following statistics in connection to child drowning accidents in America:

  • Children under 14 comprise one-fifth of all fatal drownings.
  • For every child that dies due to drowning, four children suffer some type of injury.
  • In 2007, about one-third of all child deaths due to a fatal accident were caused by drowning.
  • Since 2007, child drowning rates have declined; however, drowning is still the leading cause of death due to an accidental injury for children under the age of 14.
  • A majority of fatal drowning accidents involving children between the ages of 1 and 4 occur at residential swimming pools.
  • Many child drownings occur when a child was last seen inside of a house and was out of sight of for less than five minutes.

While some of these statistics may be slightly old, the statistics are telling and should prove to be quite a warning to parents with small children and to pool owners. Drownings can happen with little to no notice, so prevention of such an event is key to ensuring that a child is not allowed to accidentally place themselves in danger. A parent, guardian, or entrusted individual bear a heavy burden to ensure a child’s safety while in or near a pool, whether that pool is a backyard pool, an apartment complex pool, a public pool, or a pool at the local rec center. Negligent supervision is one of the leading issues that can contribute to a Houston drowning accident.

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Negligent Supervision and Houston Pool Accidents

When a parent, guardian, or other adult entrusted with the care of a child while that child is using a pool, or nearby to a pool, fails to ensure the safety of that child, a claim of negligent supervision may be made. Such negligence could also occur when a lifeguard or pool owner fails to maintain their duties in ensuring the safety of those in or near a pool. With the fact that a child pool accident can occur in just a few minutes, proper supervision of a child while in or near a pool is imperative toward ensuring that no tragic pool accidents occur.

Drowning Death Lawyer in Houston South Texas

If a child is fortunate to not suffer a fatal pool accident, the severity of a sustained injury due to a pool accident can sometimes lead to the child developing a life-altering medical condition. When oxygen fails to reach the brain due to a near-drowning or any other type of pool accident, a child could experience severe personal injury. Such an injury will be accompanied by medical costs that may be quite high. Consequently, the parents of an injured child may be able to seek compensation for their child’s injury through a pool accident injury lawsuit. In addition to the compensation that may be able to be received, the child’s parents will also be working to hold the negligent parties accountable for their actions so that a similar accident does not have to happen in the future, possibly causing further harm to another child and their family. In the event of a fatal pool accident, the loss of a child can be immeasurable. Though seeking compensation is part of a wrongful death civil suit, a bereaved parent will likely desire to pursue justice against those responsible for their loss. With two decades of experience in helping such bereaved families through difficult times, Houston drowning accident attorney Michael Grossman can help ensure that the liable parties are identified and held accountable for their negligent behavior.


Lack of Pool Maintenance in Pool Accidents in Houston

When a pool itself or the grounds surrounding a pool are not properly maintained, an accident causing injury can occur. Broken pool gates or defective latches on such gates can allow a child to get into an area that they should not be in by themselves. These types of accidents seem to occur often at apartment pool areas. Pool drain accidents can cause severe injury, or even death, should a child become entrapped in a drain. The Virginia Graeme Baker Pool & Spa Safety Act was enacted a few years ago to help enforce the need for anti-entrapment pool drains to be used in all public pools, after the tragic death of the young girl for whom the act was named. When a piece of defective equipment may be to blame for an accident, the part manufacturer may bear liability for such an accident through the legal notion of product liability. If the piece of equipment was not properly maintained, the entity responsible for maintaining the item may bear liability. In these particular kinds of pool accidents, assessing liability can be a challenging issue, especially if multiple factors may have contributed to an accident. However, Houston drowning accident attorney Michael Grossman and his team at Grossman Law Offices have the investigative resources to help you determine the cause or causes of an accident so that all liable parties are readily identified.


General Pool Safety Tips

The National Drowning Prevention Alliance offers the following tips for pool owners so that they can work to provide a safe atmosphere for their guests to enjoy the benefits of a pool. If a pool owner or other responsible adult at a pool fails to follow these tips and an accident causing injury or death occurs, the adult may bear liability for such an accident and legal action may be pursued in certain instances.

  • Children should not be allowed unsupervised play in or near a pool.
  • Children should not be thought of as “drown-proof,” regardless of their level of swimming ability.
  • A responsible adult should be designated as a “water-watcher,” i.e. someone that keeps an eye on the pool at all times.
  • A 5-foot tall fence with a gate that latches itself should exist between a house and a pool.
  • A gate should never be propped open.
  • Windows and doors should have alarms that go off when opened.
  • Pool safety covers that are powered are the most convenient and efficient.
  • The owner of the pool should know how to perform CPR.
  • A life-saving ring, a shepherd’s hook, and CPR instructions should be kept near the pool.
  • When a child goes missing near a pool, the pool itself should be checked first.
  • Toys should not remain in the pool when the pool is not in use.
  • Chlorine dispensers should not look like toys.
  • Babysitters should be informed about the possible dangers of a pool at a house where they may be taking care of children.
  • It’s recommended to keep a phone by the pool so that a call can be quickly placed in the event of an emergency.

Contact Houston Drowning Accident Attorney Michael Grossman

The Houston pool accident attorneys at Grossman Law Offices can help you if your child has suffered an injury due to a drowning accident in Houston. Through a personal injury lawsuit, we can help you work toward seeking compensation for your child’s injury so that the medical bills you’ve likely incurred do not have to compound the pain you’re already experiencing on behalf of your child. In severe instances of injury caused by drowning or a pool accident, a child may require life-long medical care, resulting in future medical costs being incurred as well. Our pool accident lawyers can help you seek compensation that can help with those future medical costs.

Drowning Death Attorney in Houston Texas

In the event that your child has suffered a fatal drowning accident in Houston, no amount of compensation will be able to return your child to you. However, many parents in such situations want to ensure that the parties responsible for their loss are held accountable for their actions. When criminal charges are not pressed, pursuing a wrongful death lawsuit may be the only legal recourse for an aggrieved party to seek justice against the liable parties. With two decades of experience in helping bereaved families through difficult times, Houston drowning accident lawyer Michael Grossman will work hard on your behalf to make sure that the negligent parties are held accountable for their actions.

When a pool accident has occurred resulting in injury or death to a child, it’s important that an aggrieved party contact an experienced attorney as soon as possible. In pool accidents that occurred due to a bad part in the pool, such a part may be fixed or removed immediately after the accident has occurred as the liable party may be attempting to skirt blame for the accident. Without proper evidence to connect a faulty or defective part to a pool accident, a personal injury or wrongful death claim may not be able to be substantiated. Where negligent supervision may have occurred, a liable party may go missing, or they may choose to deny their involvement in the pool accident. In all cases, a thorough investigation must be conducted into the pool accident in order to obtain relevant evidence and proper witness testimony. Such investigations are often most beneficially accomplished as soon as possible after an accident has occurred.

It should also be noted that the statute of limitations for a personal injury or wrongful death lawsuit in Texas is two years. This means that an aggrieved party has two years from the date of injury or date of death in which to pursue legal action against a liable party. While two years may sound like a long time, it is not such a long time frame when much work must be put into an investigation, possible mediation, or a trial. It’s seldom if ever worthwhile for an aggrieved party to hesitate for even a few days to contact an experienced Houston drowning accident attorney.

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Should you have further questions about possibly pursuing legal action against a negligent party for their role in contributing to your child’s pool accident, contact our Houston drowning accident attorneys at our toll-free number, 1-855-392-0000. We’ll answer your questions and provide you with information regarding your possible legal options. With ample experience, robust legal knowledge, and a reputation for helping our clients, we’re ready to help you, even through this difficult time, so that the liable parties can be held fully accountable for their actions.



Some of Our Most Recent Successful Cases

Confidential Recovery - Wrongful Death / Premises Liability
Facility sued for negligent contribution to the death of an innocent bystander. A fatal shooting occurred on the property after the facility failed to appropriately respond to outbursts of violence & gang activity. Following the young man's death, his parents hired our firm to pursue the facility for their negligent actions including failure to provide adequate security. The case was successfully resolved through litigation.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$40,000.00 Recovery - Premises Liability Accident (Foot Injury Requiring Surgery)
Recovery for client who needed surgery on her foot due to a slip and fall accident.
Total Recovery:
$40,000.00
Attorney Fees:
$16,000.00
Litigation Expenses:
$1,168.00
$50,000.00 Recovery - Premises Liability Accident (Soft-Tissue Injuries)
Recovery for the victim of a slip and fall premises liability accident.
Total Recovery:
$50,000.00
Attorney Fees:
$20,000.00
Litigation Expenses:
$485.00
$100,000.00 Recovery - Premises Liability Accident (Contusions & Sprained Ankle)
Recovery for client who sustained contusions and a sprained ankle in a premises liability accident.
Total Recovery:
$100,000.00
Attorney Fees:
$37,272.00
Litigation Expenses:
$1,730.00
$350,000.00 Recovery - Premises Liability (Brain Injury)
Our attorneys sued an apartment complex in relation to a brain injury sustained by a toddler when he fell through a balcony railing. The apartment complex denied liability, asserted that their railings were in spec at the time of the building's construction (some 20 years prior), and they claimed that the child's mother was contributorily negligent in that she did not notice that her child was playing near the railing.

Through litigation, our attorneys countered the defendant's arguments by showing that the case law does not support the notion of any safety related concerns in the building code being "grandfathered" in. On the contrary, a property owner has an obligation to keep safety features such as balcony railings within the specs at all times. The railings in this complex were spaced at 7 inch intervals, which was at odds with the now-standard 4 inch interval.

Additionally, our attorneys countered the claims of contributory negligence as a practical matter in that the mother was indeed monitoring the child's activity and the child literally ran up to the railing and immediately fell through the rails. Alternatively, we argued that the doctrine of parental immunity applied and that the contributory negligence, if any such negligence ever even occurred, of the mother would not be admissible. The case was satisfactorily resolved through litigation.
Total Recovery:
$350,000.00
Attorney Fees:
$115,500.00
Litigation Expenses:
$5,000.00
$50,500.00 Recovery - Premises Liability Accident (Contusions and a Soft-Tissue Knee Injury)
Recovery for client who suffered contusions and a soft tissue knee injury in a slip and fall.
Total Recovery:
$50,500.00
Attorney Fees:
$19,102.00
Litigation Expenses:
$265.00