Texas Pool and Drowning Injury Claims: How to Pursue Compensation

Who can be liable after a pool or drowning incident in Texas?

Depending on the facts, potentially responsible parties may include property owners and occupiers (homeowners, landlords, HOAs), operators and management companies, schools and camps, hotels and short-term rentals, pool service and maintenance contractors, lifeguard companies, and manufacturers or distributors of pool components (drains, pumps, covers, ladders, fences, alarms). Liability depends on who controlled the premises or equipment, maintenance responsibilities, foreseeability of harm, and compliance with applicable codes and standards.

Common legal theories in Texas pool cases

• Premises liability: Under Texas law, owners/occupiers owe varying duties depending on visitor status. For invitees, there is a duty to use ordinary care to make the premises reasonably safe or to warn of unreasonably dangerous conditions the owner knew or should have known about. See, for example, CMH Homes, Inc. v. Daenen and the open-and-obvious framework in Austin v. Kroger Co. For licensees and trespassers, duties are more limited.
• Attractive nuisance (children): Texas courts recognize, in limited circumstances, an attractive nuisance doctrine that can impose duties to protect young child trespassers from artificial conditions such as pools, depending on multiple factors. See Texas’s trespasser-duty framework and discussion at Tex. Civ. Prac. & Rem. Code ch. 75 (with attractive-nuisance duties recognized in case law).
• Negligence and negligent supervision: Claims may arise from failures to supervise swimmers, enforce rules, maintain appropriate bather loads, provide lifeguards where required by law, policy, or industry standards, or respond reasonably in emergencies.
• Negligent maintenance: Inadequate fencing, broken gates or latches, missing or non-functioning alarms, poor lighting, cloudy water, suction/entrapment hazards, missing anti-entrapment drain covers, or improper chemical levels may support liability where they create unreasonable risks.
• Product liability: Defects in drains, pumps, covers, ladders, or chemical feeders can support claims for design defect, manufacturing defect, or failure to warn. See Tex. Civ. Prac. & Rem. Code ch. 82.

Key safety and code issues

Evidence often focuses on compliance with state and local pool safety rules, posted warnings, fencing and self-closing/self-latching gates, rescue equipment, lifeguard policies, water clarity, chemical records, and anti-entrapment protections. Federal law imposes entrapment-prevention requirements for many public pools and spas under the Virginia Graeme Baker Pool and Spa Safety Act. Texas public pools are subject to the 25 TAC ch. 265, subch. L. Local ordinances may impose additional fencing and safety measures. Noncompliance can be persuasive evidence of an unreasonable risk; whether it establishes liability depends on the facts and applicable law.

Evidence to preserve

• Incident reports; witness names, contact information, and statements
• Surveillance video and 911 audio
• Photos/video of the pool, gates, locks, alarms, signage, lighting, and water conditions
• Maintenance logs, chemical readings, and service contracts
• Lifeguard staffing schedules, certifications, and training records
• EMS and hospital records; autopsy reports in fatal cases
• Product make/model, manuals, and recall information
• Prior complaints, prior incidents, and code enforcement history

Damages you may recover

Depending on the case, recoverable damages can include medical expenses, future care and rehabilitation, lost wages and diminished earning capacity, pain and suffering, mental anguish, physical impairment, disfigurement, and loss of consortium. In wrongful death and survival actions, families may seek compensation for losses such as loss of companionship and mental anguish, as well as the decedent’s final medical expenses and pain and suffering.

Comparative fault and defenses

Texas follows proportionate responsibility: a claimant’s recovery is reduced by their percentage of responsibility and is barred if the claimant is more than 50% responsible. See Tex. Civ. Prac. & Rem. Code ch. 33. Defenses may include arguments that a condition was open and obvious or adequately warned of (see Austin v. Kroger Co.), compliance with codes, lack of foreseeability, or limitations on duties to trespassers (see ch. 75). Whether these defenses apply is highly fact-specific.

Dealing with insurers

Insurers may act quickly to collect statements and minimize payouts. Avoid giving recorded statements or signing blanket medical releases before you obtain legal advice. Document all communications. An attorney can send preservation letters, inspect the scene, retain experts, and negotiate with insurers while you focus on recovery.

What to do after a pool accident

• Call 911 and seek immediate medical care
• Preserve the scene; take photos/video
• Identify witnesses and collect contact information
• Report the incident to the property owner/manager
• Request preservation of surveillance and maintenance records
• Avoid discussing fault on social media
• Consult an attorney experienced in Texas premises and drowning cases as soon as possible

Deadlines: Texas generally has a two-year statute of limitations for personal injury and wrongful death, subject to exceptions. See Tex. Civ. Prac. & Rem. Code ch. 16. If a governmental entity is involved (e.g., city pool or school district), you may face earlier notice requirements. See Tex. Civ. Prac. & Rem. Code § 101.101. Local charter deadlines can be shorter.

FAQ: Texas pool and drowning injury claims

How long do I have to file?

Generally two years from the date of injury or death, but claims involving governmental entities may require notice within as little as 45–90 days depending on local rules. Do not wait; confirm your deadline immediately.

Who can bring a wrongful death claim in Texas?

Eligible beneficiaries typically include the surviving spouse, children, and parents. An estate representative may bring a survival action for the decedent’s claims.

What if my child was a trespasser?

Texas recognizes an attractive nuisance doctrine for young children in limited circumstances, potentially imposing duties to protect against artificial conditions like pools. Liability is fact-specific.

What if the incident happened at a city or school pool?

You may face notice and immunity issues under the Texas Tort Claims Act. Prompt notice and tailored pleadings are critical.

Should I talk to the insurer?

Decline recorded statements and broad medical authorizations until you speak with counsel. Provide basic insurance claim information only.

Why experience matters

Pool and drowning cases often require rapid evidence preservation, code and standards analysis, and expert testimony in human factors, aquatics safety, and product engineering. An experienced Texas trial team can build a liability theory, quantify damages, and position your claim for settlement or trial.