What Laws Apply to Drowning Cases?

Drowning is the fifth leading cause of unintentional injury death in the United States, with approximately 3,000 deaths by drowning occurring each year nationwide. The group with the highest drowning rate is young children aged 1 through 4. More than 30% of all drowning deaths occur to children in this age group. For children aged 1 to 14, drowning is the second highest cause of death.

If your child or other family member suffered a drowning or swimming pool accident, no words can express our condolence and sympathy for the pain and the sorrow you have experienced. It’s good to know that there are legal actions you can take in order to hold those responsible accountable for their actions or negligence.

Pool & Spa Safety Act

The laws that affect drowning accidents represent a combination of both regulations and common duty law. The Virginia Graeme Baker Pool & Spa Safety Act (VGBA) is an important United States law that was passed in 2007. This law requires pool owners and property operators to maintain basic safety at their pools in order to protect others. The law ensures that drain covers be installed in residential pools in order to protect children and other swimmers for being caught underwater.

What Additional Laws Affect Drowning Cases?

The state of Texas does not have a specific pool safety law. However, many municipalities including Houston have designated laws designed to protect pool users from injury, especially young children. Some of these laws require locked fences and gates.

Other types of laws and regulations that could affect your case include:

  • Product liability – Defective pool gates, vacuums, safety gear, tec.
  • Premises liability – Property owner or manager failure to properly keep up the pool or swimming area
  • Attractive nuisance – Property owner liability if their land (such as an ungated pool) is likely to attract children and causes injuries as a result
  • Willful or wanton misconduct / gross negligence – Blatant disregard for safety issues or violations, intentional failure to fix damages or hire lifeguards
  • Negligence per se – Violation of the “Standard of care,” which will be determined through administrative regulation or municipal ordinance

Our firm has recovered more than $1 billion in verdicts and settlements for our valued clients. Our proficiency and experience set us apart. If you have questions on drowning case, do not hesitate to call us at (888) 493-1629.

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