Drowning & Pool Hazards Explained
Many drownings and near-drownings happen in places that are supposed to feel safe. In Midland and throughout West Texas, that often means pools at apartment complexes, private homes, hotels, motels, and community facilities. But drownings don't just occur at pools. We also see many cases involving natural bodies of water where proper safety standards were not followed.
Investigations reveal reoccurring problems: Gates that don't latch, fences with gaps, and doors that don't close, all of which can allow dangerous access to water. Cloudy water makes it harder to see if someone has fallen in, and missing life rings, broken ladders, or blocked exits can slow rescue attempts. Properties may allow unsafe overcrowding or hold events without enough trained staff.
Supervision also matters. Some facilities choose not to provide lifeguards, even when they know children are present. Others hire staff but do not train them properly, or they assign too many duties to a single person. In some situations, owners post confusing or misleading signs that give families a false sense of security.
Who Is Responsible for Keeping Pools Safe?
Under Texas law, property owners generally have a duty to take reasonable steps to keep their premises safe. In the context of pools and water features, that means following basic safety practices and complying with applicable codes and standards. It also means removing known hazards or warning guests of their presence.
Common causes of preventable drowning and pool accidents include:
- Missing, broken, or unsecured pool fencing, gates, or locks
- Lack of lifeguards or poor lifeguard training
- Inadequate supervision
- Cloudy or poorly maintained water
- Missing safety equipment, such as life rings
- Defective drains or covers, which can trap swimmers
- Missing or inadequate warning signs
When you speak with a drowning accident lawyer in Midland, one of the first steps is examining how and where the incident occurred. This helps us determine whether the property owner, management company, or another party failed to live up to their responsibilities. From there, we can talk about your rights and what accountability may look like in your situation.
What to Do After a Drowning
No family is ever fully prepared for a drowning or near-drowning accident. There's no perfect reaction in a crisis like this. Still, a few steps can help protect your loved one's health, preserve important evidence, and safeguard your legal rights in the days that follow.
Your first priority after a drowning or pool accident should always be getting immediate medical care. Emergency responders will often attempt CPR and/or transport a drowning victim to the nearest hospital. Fast medical treatment can be crucial after drownings and near-drowning incidents, when time is of the essence and every second counts.
Even when someone appears to recover, follow-up treatment matters. Oxygen deprivation can cause brain injuries and organ damage that may not be obvious right away, and doctors often need time and testing to understand the full impact.
It also helps to document the scene if you're able to do so safely. Photos or video of the pool area, gate, fences, signage, and safety equipment can be important later, especially if the property owner makes repairs after the fact. Getting the names and contact information of witnesses, including other guests or residents, can also make a difference.
Here are some simple steps that may help after a drowning or near-drowning:
- Seek emergency care and follow all medical advice for yourself or your loved one
- Keep copies of accident reports, medical records, discharge papers, and bills
- Take photos or video of the pool, gate, equipment, and any visible hazards
- Collect contact details for witnesses who saw what happened or know the pool's condition
- Avoid signing documents or giving detailed recorded statements to insurers
- Write down your recollection of events while they're still fresh
- Talk to a drowning accident attorney in Midland right away
You don't need to manage this alone. When you contact a lawyer at our firm, we can begin preserving evidence, communicating with insurance companies, and investigating what went wrong so you can turn your attention to your family. Our team is here to explain your rights and help you begin the process of healing.
How Our Drowning Attorneys Help Midland Families
Drownings are devastating events, and the legal aftermath can be extremely confusing. You may hear from property managers, insurance adjusters, or lawyers hired by the other side before you've even had time to process what happened. Our role is to step in for you, to piece together what went wrong, identify who's responsible, and pursue the maximum compensation that Texas law allows in wrongful death and serious injury cases.
In a typical case, our team gathers records about the property and the pool, including maintenance logs, incident reports, and any prior complaints. We may inspect the area, examine how gates and fences function, and review surveillance footage if it exists. We work with qualified professionals when needed to determine whether safety rules, building codes, or industry standards were violated. This kind of thorough investigation is especially important when a property owner is already making repairs or trying to move on quickly.
We also work to identify every party that may share responsibility. In a swimming pool accident case, that can include the property owner, a management company, a security contractor, or companies responsible for maintaining equipment. Understanding all of the parties involved matters when medical bills, future care, and the financial impact of a life cut short are at stake. Under Texas law, families may be able to seek damages for medical expenses, funeral costs, lost income, future care needs for survivors with disabilities, and the emotional toll of losing a loved one.
When a Loved One Survives But Life Changes
Not every drowning ends in death. Some families face a different kind of crisis—their loved one is pulled from the water alive, but the person who comes home from the hospital isn't the same. Even a few minutes without adequate oxygen can cause serious brain damage, including hypoxic and anoxic injuries that affect memory, movement, speech, behavior, and the ability to handle basic daily tasks.
For children, the impact can be devastating. A child who was running, talking, and learning may now need around-the-clock treatment, feeding assistance, or communication devices. Recovery is often slow and unpredictable, and doctors may not be able to give families a clear prognosis for months or longer. Adults who survive near-drownings may be unable to return to work, struggle with cognitive and emotional changes, or require long-term rehabilitation and in-home care.
The financial weight of these injuries builds quickly. Families can face bills for intensive care stays, repeat hospitalizations, physical and occupational therapy, speech therapy, neuropsychological evaluations, assistive equipment, and home or vehicle modifications. On top of that, a parent or spouse may need to step away from work to provide daily care. These costs don't end when the hospital stay does. They last a lifetime.
In these cases, financial recovery isn't just about what's already been spent. It's about building a claim that accounts for where your family is headed: future medical care, lost earning capacity, the cost of ongoing support, and the day-to-day toll on the people providing it. Our attorneys work with medical professionals, life care planners, and economists to understand the full scope of what a brain injury or other serious harm will mean for your family over time. That's how we fight for recoveries that reflect the real impact of a near-drowning accident, not just the bills that have come in so far.
Holding Negligent Parties Accountable for Drowning Accidents
One of the most important things a legal team can do after a drowning is make clear that what happened wasn't just an accident; it was a preventable failure. Property owners, management companies, and the businesses that service and maintain pools all have responsibilities under Texas law. When they cut corners, ignore known hazards, or let safety systems fall into disrepair, people get hurt. Our job is to show exactly how those failures led to the harm your family now faces.
That can mean holding an apartment complex accountable for a gate that hadn't latched properly in months or suing a hotel that skipped required pool maintenance to save on costs. It can mean investigating a management company that knew about broken fencing and did nothing or examining whether a contractor installed or serviced drain covers, pumps, or alarms in a way that created a hidden danger. Every case is different, but the throughline is the same: someone had a duty to keep that pool safe, and they didn't.
We take this work seriously because accountability matters, not just in each individual case but for our community as a whole. When property owners face real consequences for neglecting safety, it sends a message to every other owner and operator in the area. Families who come to us aren't just seeking compensation for their own loss; they're helping make sure the next family doesn't go through the same thing.
Talk to Our Midland Drowning Lawyers About What Happened
If you're reading this, your family is likely dealing with one of the hardest experiences imaginable. You may be planning a funeral, sitting beside a hospital bed, or seeking answers to some of life's most difficult questions. You don't have to figure it all out on your own.
At Arnold & Itkin, we investigate drownings and pool accidents carefully, prepare every case for trial, and work to pursue the real recovery that can help your family move forward. There are no upfront costs to talk with us and no obligation to hire us after a consultation. Our attorneys are ready to listen, answer your questions, and explain how we can help.
Call (888) 493-1629 to speak to a drowning accident attorney in Midland.
