Houston Drowning Attorneys

Drowning Hazards in Houston & All of Harris County

No Texas county records more drownings than Harris County. Warm weather nearly year-round, an abundance of backyard pools, heavy apartment construction, and weekend escapes to Lake Conroe, Clear Lake and Bay Area, and the San Jacinto River mean water is always within reach—and so is the risk. Unfortunately, children are hit the hardest: county health officials consistently list drowning as a top cause of accidental death for kids under five.

As a community historically susceptible to water-related accidents, understanding local risks and implementing necessary precautions is crucial. Public awareness campaigns, coupled with proactive safety measures like pool fences and attentive supervision, can significantly reduce these tragic incidents. It is essential for residents and visitors to prioritize water safety and for local governments to enforce and bolster safety standards across aquatic facilities.

Some of the most dangerous areas in Harris County include:

• Neighborhood and apartment-complex pools from the Energy Corridor to East Downtown
• Public facilities like the Memorial Park, Moody, and Mason Park pools
• Water parks such as Typhoon Texas Waterpark and Schlitterbahn’s Galveston Waterpark
• Popular open-water spots such as Lake Houston, Buffalo Bayou Park, and beach parks on Galveston Island

See our article: The Most Common Places for Drownings in Texas (That Aren't Pools)

Local & State Pool-Safety Rules That Shape Houston Drowning Lawsuits

Houston Code of Ordinances – Chapter 43 “Pool & Spa Safety”

Inside city limits, every apartment, hotel, HOA, school, water park, and fitness-club pool must secure an annual operating permit from the Houston Health Department. Chapter 43 requires, among other things:

• Four-foot, self-closing, self-latching barriers with gates that swing outward and lock automatically.
• Clearly posted depth markers, safety rules, and an emergency telephone that dials 911 without coins or codes.
• Deck-side rescue gear kept in good repair and within easy reach of the pool edge.
• Water-quality logs and random, unannounced inspections; a failed inspection can result in a closure order.

Texas Administrative Code – Public Pools, Spas & Splash Pads (25 TAC §§265.181-265.207)

State regulations apply to all “public and semipublic aquatic venues” in Texas, including apartment complexes and water parks. Key provisions in the Texas Administrative Code include, but are not limited to, the following:

• VGBA-compliant drain covers and Safety Vacuum Release Systems to prevent suction entrapment (§265.190).
• Certified lifeguards or attendant ratios when a pool is “guarded” and a written Emergency Action Plan (§265.199).
• Depth markers, “No Diving” signs, and posted chemical log sheets visible to inspectors (§265.201).
• Interactive water features (splash pads) must have automatic disinfection systems, timed spray valves, and slip-resistant surfaces (§265.302-265.308).

National Laws & Regulations That Apply to Drowning Cases

The laws affecting drownings are a combination of regulations and common duty law.

The Virginia Graeme Baker Pool & Spa Safety Act (VGBA)

Enacted in 2007 as Title 14 of the Energy Independence and Security Act, the VGBA is a federal law aimed at ending pool-suction entrapment—the danger that claimed the life of 7-year-old Virginia Graeme Baker. After years of advocacy by her mother, Congress created nationwide rules to keep swimmers from being pinned underwater by drains.

Key VGBA protections include the following:

• Compliant Drain Covers: All public and residential pools must install covers designed so a swimmer’s body, hair, or clothing cannot form a seal over the drain. Pool contractors are required to check every drain they service.
• Safety Vacuum Release Systems (SVRS): Pools that rely on main drains must also have an SVRS—an automatic device that senses a sudden spike in suction and immediately shuts off the pump, allowing a trapped person to break free. SVRS units can be mechanical, electro-mechanical, or integrated into modern pump software.

The year the law took effect, the CPSC still recorded 74 drain-related incidents, causing 63 injuries and 9 deaths—proof that outdated or ignored safeguards continue to cost lives. By requiring upgraded covers and fail-safe vacuum-release technology, the VGBA turns what were once hidden, lethal hazards into preventable maintenance tasks. 

For more information, read: How Faulty Pool Drains & Equipment Cause Drowning Deaths

Premises Liability & Attractive Nuisance (Texas)

Texas premises liability law requires pool and property owners to exercise reasonable care toward guests, residents, and even young trespassers when a water feature is likely to attract them. Liability attaches when:

• A hazardous condition exists, such as deep or murky water, unsecured gates, or slippery decking.
• The owner knows (or should know) children are likely to explore the area without appreciating the danger.
• Simple, low-cost safety measures like self-latching fences and alarms would have prevented the risk.

Failing to install or maintain these safeguards breaches the standard of care and opens the door to a claim for economic damages, such as medical expenses and future care, as well as non-economic damages.

Read more about this topic here: Attractive Nuisance Doctrine in Texas

Negligence Per Se & Gross Negligence

When a defendant violates a statute or regulation designed to protect swimmers, Texas allows plaintiffs to shortcut the usual duty-and-breach analysis through negligence per se. Common examples include:

• Operating a pool without the mandated anti-entrapment drain covers or SVRS devices.
• Ignoring local ordinances that require a certified lifeguard for every set number of swimmers.
• Failing to post depth markers, emergency-phone instructions, or “No Diving” warnings required by building code.

If discovery reveals a conscious indifference to known safety risks—such as disabling an alarm to avoid guest complaints or hiring untrained teenage lifeguards to cut costs—Texas courts may find gross negligence, making punitive damages available to punish and deter reckless conduct.

These legal avenues are vital for holding the responsible parties accountable and for preventing future tragedies. Our drowning lawyers in Houston understand which laws apply and how to serve our clients’ needs through personal injury and wrongful death lawsuits that expose wrongdoing, cover medical and funeral costs, and help families rebuild.

Who Can Be Held Responsible for a Drowning Accident?

Identifying every at-fault party is the cornerstone of a successful drowning lawsuit, but it demands meticulous factual work and deep knowledge of overlapping state, federal, and maritime laws. That is why having a skilled drowning accident attorney by your side can be so crucial during this time. A Texas drowning lawyer can not only identify at-fault parties but also prove the liability of these parties through careful investigation.

The following parties may be at fault in a drowning accident:

Proving the fault of any of these parties can be challenging, especially when a case involves non-profit organizations, public facilities, and other properties that may be protected by state, government, or various other laws. You will need a skilled legal advocate on your side who has a comprehensive understanding of these different laws and statutes and can anticipate any possible complications with your personal injury claim.

Common Causes of Drowning Accidents in Texas

Below are the four recurring failure types we see in nearly every drowning investigation. Each deserves focused attention because a single lapse can turn a routine swim into a life-altering tragedy.

Human Error & Inadequate Supervision

• Lifeguards who are untrained, distracted by phones or conversations, or never properly certified
• Advertised “lifeguarded” swim times or private events where no guard is actually on duty
• Pools or attractions packed beyond the safe swimmer-to-guard ratio, making vigilance impossible
• Facilities that operate with no written prevention or emergency-action plan to guide staff during a crisis

Why it matters: Every second counts once distress begins. Staff who are unprepared, inattentive, or spread too thin lose the precious moments that separate rescue from tragedy.

Structural or Mechanical Failures

• Emergency gear such as life rings, reach poles, AEDs, and first-aid kits that are missing, broken, or locked away
• Self-latching gates and deck latches that are rusted, jammed, or deliberately propped open
• Pools, hotels, or backyards with no four-sided isolation fence or other child-proof barrier
• Underwater lights that have burned out or cloudy, chemically imbalanced water that hides a victim
• Drains, deck surfaces, or deep-end drop-offs that violate basic safety design standards

Why it matters: These hazards are usually inexpensive to fix. Their very presence proves an owner allowed known dangers to persist.

Regulatory & Industry-Standard Violations

• Absence of mandated Safety Vacuum Release Systems to prevent suction entrapment
• Too few certified lifeguards on duty to meet state code or Model Aquatic Health Code guidelines
• Missing depth markers, “No Diving” signs, or up-to-date chemical-balance logs required by ordinance
• Operators who ignore Certified Pool Operator (CPO) standards for testing, record-keeping, and equipment checks

Why it matters: Ignoring a safety statute is negligence per se—automatic evidence that the duty of care was breached.

Product & Equipment Defects

• Pumps or filters that create dangerous suction or allow hair and clothing to become trapped
• Pool alarms, gate sensors, or lighting systems that fail to activate during an emergency
• Slides or water features designed in a way that launches riders into shallow or turbulent landing zones
• Manufacturing flaws or inadequate warning labels that conceal known hazards from pool owners and guests

Why it matters: Even perfect supervision can’t overcome a hidden design flaw. When the hardware itself is unsafe, the manufacturer shares liability.

When a lifeguard looks away, a gate fails to latch, or a manufacturer ships an unsafe pump, the resulting harm is no “accident” but the final link in a chain of preventable failures. Texas law lets us trace that chain through maintenance logs, staffing records, inspection reports, and engineering analyses, then pursue every party whose negligence played a role—whether it’s a cruise line that understaffed its pool deck or a filter maker that ignored safety data. By pinpointing exactly where the safeguards snapped, we translate complex technical findings into clear, compelling stories for juries and insurers, hold every responsible party to account, and push the industry toward safer standards.

Lifeguard Negligence & Drowning Accidents

Even at “guarded” pools and water parks, more than 100 drownings occur every year (Lifesaving Resources Inc.). In nearly every one, the common thread is a lifeguard who was untrained, distracted, or simply not paying attention. When that happens, victims and their families have the right to hold both the guard and the facility accountable.

Under American Red Cross standards, every lifeguard is expected to:

• Maintain constant surveillance of the water and deck areas
• Eliminate hazards and enforce safety rules before trouble starts
• Act within seconds when a swimmer shows distress or disappears from view
• Deliver first aid and CPR exactly as trained, without exceeding their certification

A guard is negligent if they ignore these duties, allow dangerous horseplay, delay a rescue, or attempt care beyond their training. The stakes are measured in seconds. In one widely cited case, a four-year-old at a summer camp slipped beneath the surface just feet from two lifeguards; eight minutes passed before either noticed, and the child could not be revived. Stories like this make clear that a moment’s inattention can cause lifelong injury—or cost a life entirely. If you or someone you love was harmed because a lifeguard failed to do their job, our firm can investigate to prove exactly where vigilance lapsed and fight for the compensation your family needs to heal and move forward.

Instinctive Drowning Response: What Lifeguards Must Catch

Real drowning is quick, quiet, and follows a predictable progression that every certified lifeguard is trained to recognize. Missed cues within the critical 20- to 60-second rescue window point straight to negligence.

Three stages a competent guard should spot:

• Distressed Swimmer – Anxious or panicked, still able to keep the head up and sometimes splash or call for help.
• Active Drowning Victim – Head tipped back, mouth at the surface, arms pressing straight down, little or no leg kick. Because every breath matters, the victim cannot wave or shout and will slip under if not rescued.
• Passive Victim – Motionless, face-down or submerged, already unconscious and in grave danger.

Every major training body drills guards to act the moment these appear. When video shows staff looking elsewhere—or a childcare provider, camp counselor, or pool owner fails to intervene—that lapse breaches the industry standard of care. If an entity ignored these unmistakable signals, the resulting harm isn’t an accident—it’s a preventable failure. 

Child Drowning: A Silent, Preventable Tragedy

Drowning is the leading cause of accidental death for U.S. children ages 1 to 4 and claims dozens of young lives in Texas every year—more here than in almost any other state. These fatalities rarely involve splashing or cries for help; a child can slip under in mere seconds while nearby adults assume someone else is watching. 

The common threads in child drowning accidents are strikingly consistent:

• Inadequate supervision at backyard parties, apartment pools, and crowded water parks.
• Missing or defective barriers, such as unsecured gates or the absence of four-sided fencing.
• Distracted or poorly trained lifeguards who fail to spot a small body in distress.

Because the water is usually calm and the struggle silent, parents and caregivers may not realize anything is wrong until it’s too late. Every case we handle underscores the same lesson: with vigilant supervision, secure fencing, and alert, qualified lifeguards, nearly all child drownings are preventable.

Focused Attention vs. “Everyone’s Watching”

Representatives from The Center for Children and Women warn that a comfortable setting can create a dangerous sense of security. Families with backyard pools or children who have completed swim lessons often relax their guard over time, believing the environment—or the child’s skills—makes drowning unlikely. Add in multiple adults or lifeguards, and a “diffusion of responsibility” emerges: each person assumes someone else is watching. In that quiet span of seconds, a child can slip beneath the surface unnoticed. Preventing tragedy requires a single, designated water watcher who maintains constant, focused attention—no phones, no conversations, no shared glances.

Near-Drowning (Nonfatal Drowning) Injuries

Not all drowning incidents are fatal, but even survivors often face catastrophic, lifelong consequences. Deprived of oxygen for even a short amount of time, the brain, lungs, and other organs can sustain permanent damage. 

Some of the most common injuries we see in Houston near-drowning cases include:

Anoxic & Hypoxic Brain Injuries
When the brain is deprived of oxygen (anoxia) or receives too little oxygen (hypoxia), brain cells begin to die within minutes. Survivors may experience memory loss, reduced motor function, speech difficulties, and, in severe cases, permanent vegetative states. These injuries are particularly common in near-drownings at pools, water parks, or natural bodies of water where rescue attempts were delayed.

Secondary Drowning & Pulmonary Complications
Even when a victim is pulled from the water in time, inhaling water can trigger what's known as “secondary drowning” hours later. This occurs when fluid in the lungs causes swelling and respiratory distress, sometimes leading to fatal cardiac arrest. According to Texas Children's Hospital, secondary drowning is a misnomer for delayed-onset breathing issues, a rare but potentially fatal condition affecting a person who seems to be recovering after a submersion incident.

Traumatic Injuries from Diving or Water Features
Many victims suffer additional trauma when poorly maintained or unsafe pools contribute to accidents. Shallow diving zones, broken slides, and slick decking can cause spinal cord injuries, fractures, or internal bleeding, leaving nonfatal drowning survivors with both brain injuries and severe orthopedic damage. These types of injuries may occur in Houston apartment complexes, unregulated private event pools, or at any body of water.

Psychological Trauma & PTSD
Survivors, especially children, often develop severe emotional trauma following a near-drowning. Flashbacks, panic attacks, and anxiety around water can require long-term therapy. Families are affected too, as caretakers face the emotional and financial burden of providing round-the-clock care for loved ones with permanent neurological damage.

For many survivors, a near-drowning isn’t just a medical emergency—it’s a life-altering event that requires extensive treatment, ongoing therapy, and considerable financial resources to manage. That’s why our Texas drowning lawyers fight to hold negligent parties accountable.

What to Do After a Drowning Accident in Houston

When a fatal or nonfatal drowning occurs, the steps you take in the hours and days that follow can protect both your loved one’s health and your legal rights. In Houston, where drowning accidents may happen at apartment pools, water parks, and public facilities, quick action is essential:

1. Seek immediate medical attention. Call 911 right away. In Houston, Harris County EMS or Houston Fire Department paramedics are typically the first responders to drowning emergencies. Depending on the location and their condition and age, they may receive treatment at a local hospital such as Houston Methodist, Memorial Hermann-Texas Medical Center, or Texas Children’s Hospital. If they are not taken by ambulance, seek immediate care to rule out fluid in the lungs or other injuries that might not be immediately apparent.
2. Document the scene. If possible, take photos or videos of the area where the incident happened. Safety hazards like broken gates, missing “No Diving” signs, cloudy water, or malfunctioning rescue equipment should be documented. If the incident occurred at a commercial property, note whether lifeguards were present.
3. Report the incident to the proper authorities. In Houston, pool incidents should be reported to the Houston Health Department. For open-water accidents, local law enforcement or even the U.S. Coast Guard may investigate.
4. Preserve evidence and witness information. Get the names and contact details of witnesses, lifeguards, or employees on duty. Write down the timeline of events and any other relevant details of what you can remember.
5. Contact a local drowning lawyer in Houston. As soon as possible, speak with a lawyer who understands Houston’s local drowning laws. Arnold & Itkin’s attorneys know how to obtain inspection records, maintenance logs, and prior violation histories to prove negligence. Acting quickly allows us to secure critical evidence.

The aftermath of a drowning accident can be overwhelming, but you don’t have to face it alone. With the right legal team, you can protect your loved one’s future and demand accountability from those who failed to keep them safe.

How a Texas Drowning Lawyer Can Help with Your Case

One of the first things that you should do following a drowning accident is to contact a drowning attorney you know you can trust. A lawyer can answer your questions and help you take the appropriate action. At Arnold & Itkin, our Houston drowning law firm is passionate about protecting the rights of the injured, as well as bereaved families. We fight for justice. Many drowning accidents occur in public places, including hotels, water parks, and summer camps. Ensuring that those responsible are called out for their negligence encourages better safety measures, protecting others from enduring similar pain and preventing drowning accidents from occurring in the future.

It takes documentation, evidence, depositions, and witness testimony to build a compelling case against a property owner or other at-fault party. We secure this by investigating and compiling information as quickly as possible.

The documentation and evidence your attorney can use in your case may include:

• Photos of the body of water where the drowning accident occurred
• Police reports / first-responder information
• Work schedules of attendant lifeguards, if applicable
• Interviews with family members, witnesses, or those in the area when the accident occurred
• Results of a safety and surveillance inspection, including a water clarity reading
• Information about drowning accidents that had occurred at the site previously
• Testimony from expert witnesses, including aquatic experts
• Information about the training received by lifeguards, if applicable

Our Texas drowning attorneys also work with experts in various fields, such as aquatic safety, lifeguard standards, pool fencing, pool and spa engineering, forensics, and accident reconstruction, to uncover cause and present our findings. 

Recovering Compensation & Fostering Change in Pool Safety

Families who experience the unthinkable by losing a child, spouse, or other loved one in a drowning accident are left feeling helpless. But, there is something that can be done. Taking legal action offers a way to help a near-drowning survivor or the family of a person who has lost their life in a drowning accident. It allows for the recovery of compensation from the at-fault party (or parties), which can cover expenses like medical treatment and losses like diminished earnings. It can also cover non-economic damages, like pain and suffering and loss of companionship. 

In situations where drownings are caused by negligence, this is the way to find justice.

Holding property owners, manufacturers, and other at-fault parties accountable for drowning accidents has another effect. It shows that lax pool safety standards and carelessness will not be tolerated. It forces these parties to pay for what they have done, which can lead to changes in their policies and practices. When enough people speak up and do something about drowning accidents, it can foster real change that helps prevent others from suffering similar fates. Our Texas drowning lawyers are committed to seeing things change for the better.

For a Review with a Houston Drowning Lawyer, Call Arnold & Itkin: (888) 493-1629

A single call can turn shock and uncertainty into a clear plan forward. Our Houston drowning lawyers answer calls 24/7, charge nothing up front, and don’t get paid unless we win. We’ll listen to your story, explain your rights, and move fast to secure evidence before it disappears. Speak with Arnold & Itkin now at (888) 493-1629 for a free, confidential case review. When you put your case in our hands, you gain a team that has recovered billions for families like yours—and won’t stop until you have the answers, accountability, and compensation you deserve.

When you turn to Arnold & Itkin, you're turning to a team that's focused on getting the results clients deserve. Call us now at (888) 493-1629 for a free, confidential consultation.

Recommended Reading:

• 11 Ways to Prevent Drowning Accidents
• 30 Recent Drownings & Why They Happened
• How Unfenced or Poorly Fenced Pools Lead to Deadly Hazards
• Drowning—It’s Not Just a Summer Issue: Off-Season Risks You Deserve to Know