Swimming is the ideal blend of fun and fitness activities, but when a summer day at the pool ends in a serious injury or fatality, it can be physically and financially devastating. When the accident was preventable and occurred due to negligence at a public, private, or residential pool, it’s essential to know your legal rights.
If you or a close family member suffered a swimming pool accident, call our El Paso personal injury attorneys for a free evaluation of your case by a compassionate attorney who is ready to be an unwavering legal advocate by your side.
Why Choose Us as Your Swimming Pool Accident Attorneys In El Paso?
Named a Texas Rising Star by Super Lawyers, El Paso native Cal Mundell began his legal career representing powerful insurance companies and corporate clients before choosing to become a staunch legal advocate for injury victims. With representation by Cal Mundell, your case has the following benefits:
- An attorney with unique insights into the Texas insurance system, ensuring that you have a compelling claim
- A law firm on your side with years of experience, extensive knowledge, and comprehensive resources.
- A compassionate attorney with a core commitment to open communication, professionalism, and overall excellence
- A strong voice behind your claim through a history of exceptional results, including a recent $300,000 recovery for an injured client in a premises liability case
Our swimming pool accident attorneys in El Paso offers a free case evaluation for new clients and then assumes all financial risks by working at no upfront cost to you. Instead, contingency-based payment means you only pay your legal fees after your attorney obtains your compensation.
What Types of El Paso Swimming Pool Accidents Cause Serious Injuries?
Most visits to a pool end with little more than a sunburn and fun memories, but sadly, the CDC reports around 4,000 drowning deaths in the United States each year. Our El Paso wrongful death lawyers can help families navigate the devastating aftermath of a drowning accident, and this data doesn’t even encompass the tens of thousands of non-fatal injuries that also leave families facing significant financial, physical, and emotional consequences.
Common types of pool accidents in El Paso include the following:
- Drowning
- Near-drowning
- Slip-and-fall injuries
- Diving accidents
- Chemical exposures
- Electrocution
- Suction injuries
- Drain entrapment
- Pool slide accidents
- Collapsing pool deck furniture
Although swimmers are expected to behave responsibly, and parents at pools must practice due diligence while supervising their children, many swimming pool accidents occur due to the property owner’s negligence.
What Types of Injuries Result From Swimming Pool Accidents In El Paso?
An injury that occurs in or around a swimming pool can be very serious, due to a pool’s deep water, hard cement, and the electrical equipment it requires for functioning. Common pool injuries in El Paso include the following:
- Drowning
- Hypoxic-brain injury caused by near-drowning
- Neck injuries from diving accidents
- Back injuries
- Head trauma and traumatic brain injuries from slip-and-fall accidents
- Fractures
- Electrocution
- Soft-tissue injuries
- Lacerations, contusions, and abrasions
- Chemical burns
When a day at the pool ends in a serious injury, the injury victim and their families may feel overwhelmed and uncertain about their legal rights. Fortunately, Cal Mundell Injury Law in El Paso can help.
What Types of Negligence Cause Swimming Pool Injuries In El Paso?
Many pool injuries are preventable and directly caused by negligence. Public pool and swim park owners, hotel owners, apartment owners, and even private homeowners with pools have a legal obligation to maintain the pool and pool deck area in a way that’s reasonably safe for those lawfully on the property. Under the fault-based injury laws in Texas, a pool injury victim can demand financial accountability from the property owner with a premises liability attorney in El Paso.
Common types of property owner negligence that result in swimming pool injuries in El Paso include the following:
- Inadequate pool maintenance
- Slippery deck surface
- Broken equipment
- Inadequate fencing or gates
- Ineffective barriers
- Insufficient supervision
- Failure to provide Lifepreserver pool rings
- Unsafe pool or deck design
- Inadequate warning signs
- Inaccurate pool depth measurements
- Defective pool drains
- Poorly installed diving board, slides, or other equipment
- Failure to properly test the pool chemical content
- Insufficient emergency preparedness
Swimming pool injury claims in El Paso can be challenging. Compensation for damages typically comes from a claim against the negligent property owner’s liability insurance. Unfortunately, insurance companies are not on an injury victim’s side and may assign fault to the injury victim to avoid paying out on a claim or to reduce the amount they have to pay by the percentage of fault they’ve assigned under the state’s modified comparative negligence law.
Proving Liability In an El Paso Swimming Pool Injury Claim
All property owners must take adequate measures to ensure the safety of those legally on their property. This legal duty of care is enhanced for commercial property owners who invite people onto their property for business purposes, such as the owner of a motel, an apartment building, or a public pool. Proving a property owner’s liability for pool injury damages requires evidence demonstrating the following:
- The property owner was aware that a safety hazard existed, or should reasonably have been aware of it through regular routine inspections
- They owed a duty of care to the injury victim, who was legally on the property and not trespassing or committing a crime
- They breached this duty of care through negligence
- The breach of duty directly caused an injury
- The injury victim suffered damages from the injury
Although Texas’s premises liability laws do not protect trespassers, it’s important to note that children are not considered trespassers. Instead, property owners must expect and prepare for the possibility of children entering their property, especially when the property contains an “attractive nuisance” such as a pool.
CDC data shows that drowning is the leading cause of death in children ages one to four.
What Types of Damages Can I Recover In an El Paso Swimming Pool Injury Claim?
Swimming pool injuries can be costly, requiring medical care and time away from work during recovery, or while a parent cares for a recovering child. A successful claim gains compensation for common pool injury damages, such as the following:
- Reimbursement for medical expenses
- Future medical expenses
- Lost earnings
- Future income loss
- Diminished earning capacity due to disability or impairment
- Compensation for pain and suffering
- Compensation for any catastrophic injury damages that apply, such as loss of vision or hearing, or diminished quality of life
If a drowning or other pool injury causes a fatality, a spouse, parent, or child can recover compensation and a sense of justice for their loss through a Texas wrongful death claim.
Contact the Swimming Pool Accident Lawyers In El Paso at Cal Mundell Injury Law
A pool injury victim and their family deserve financial accountability when a property owner fails to take reasonable actions to prevent injuries. Contact our El Paso swimming pool accident lawyers at 915-250-0700 to speak to an attorney with experience in this category of premises liability law, so you have an optimal chance of recovering the full and fair compensation you deserve.