Why People Choose Arnold & Itkin
Families who call us after a pool drowning, near drowning, or other water-related incident usually want two things: answers about why this happened and a legal team strong enough to stand up to the companies and insurers involved. These cases often pit families against commercial property owners, hotel chains, water parks, or national product manufacturers that are focused on protecting themselves, not helping your family.
Our Record of Results in Drowning Lawsuits
Our firm is built to face those opponents. We've secured more than $20 billion in verdicts and settlements in catastrophic injury and wrongful death cases, including multi-billion-dollar verdicts. These recoveries have helped families pay for medical care, long-term support, funeral and burial expenses, and the future that negligence tried to take away.
Some of our notable drowning accident case results include:
- $15 million for the widow of a man who drowned at a water park due to lifeguard negligence.
- $8 million for the parents of a child who drowned at an apartment complex pool.
- $8 million for the family of a young child who drowned at a hotel pool in Houston, Texas.
- $6.98 million for the family of a young man who drowned in a community pool.
We're trial lawyers through and through. We prepare every case as if it'll be tried in front of a jury in Bexar County or another Texas court because that's how we pressure defendants to take responsibility. Companies know that when they face our team, we're ready to present a compelling case in court if they refuse a fair resolution.
Recognition in the Legal Community
Our attorneys have received national recognition for their work in the courtroom. Jason Itkin and Kurt Arnold are members of the Inner Circle of Advocates, a group limited to 100 plaintiff trial lawyers in the country. Our firm has been listed in Best Lawyers in America and has Tier 1 rankings in Best Law Firms for plaintiff litigation. Members of our team have also been included in Lawdragon’s 500 Leading Lawyers in America and the National Trial Lawyers Top 100.
How We Treat Our Clients
Behind those honors is how we treat our clients. We know families come to us during the most painful chapters of their lives. We treat every client with dignity and respect, stay in close contact while the case moves forward, explain what's happening in straightforward terms, and answer questions as they arise. When you work with our San Antonio injury lawyers, you're not just a file. You're family, and we fight for you like family, no matter what.
What to Do After a Drowning Incident
In the hours and days after a drowning or near drowning, it can be hard to think clearly. You may be juggling medical updates, police questions, and calls from a property owner or insurance company. A few key steps can help protect your loved one, preserve important information, and safeguard your legal rights.
Prioritize Medical Care & Records
Your first priority is always medical care. If your loved one was revived, follow all medical advice and schedule follow-up appointments with doctors at facilities such as University Hospital or Methodist Hospital in San Antonio. Some brain injuries and complications from oxygen loss aren't obvious right away, and doctors may need time and testing, including imaging and neurocognitive evaluations, to understand the full impact. If the worst has happened and your loved one didn't survive, you can ask the hospital and authorities to preserve records and reports, including autopsy findings.
Gather Evidence & Information
When you're able, try to gather and save information about what happened. This might include photos or video of the pool and surrounding area, names and contact information for witnesses, and any incident or police reports available from the San Antonio Police Department or local law enforcement. If you notice broken gates, missing locks, murky water, or other unsafe conditions, make a note of them. Surveillance footage from the property, 911 call recordings, maintenance logs, and lifeguard schedules can all become important evidence, and even small details can matter later.
Be Cautious with Insurers & Owners
Be careful about conversations with the property owner, their staff, or insurance representatives. They may sound sympathetic, but their priority is reducing their own responsibility. Avoid speculating about what happened, admitting fault, or signing any documents before you've talked with an attorney. Quick settlement offers often come before the full harm and long-term costs are understood and before families have had a real chance to ask their own questions.
Talk to an Attorney About Your Rights & Options
Our attorneys can step in to deal with these communications so your family doesn't have to. When you call a San Antonio drowning lawyer at our firm, we listen to what happened, answer your questions, and explain your options. We can move quickly to investigate while evidence is still available, send preservation letters so key records aren't destroyed, and handle the legal work so you can focus on your loved one and your family.
Causes of Pool Drowning Incidents
Many families are told that a pool drowning was an unforeseeable accident. In many situations, these events involve preventable safety failures. Pools have to be designed, built, maintained, and supervised with care, especially when children are present. When property owners and companies in San Antonio cut corners or ignore Texas pool safety rules and local building codes, the risk of tragedy rises and innocent people pay the price.
Inadequate Barriers & Access Control
One common problem is inadequate barriers. Apartments, hotels, and other properties should have fences and self-latching gates that help keep children from entering a pool area alone. Gates that don't close properly, broken locks, or gaps in fencing can all create dangerous conditions. Under what's often referred to as the “attractive nuisance” doctrine, owners know that children are drawn to water, so they must take reasonable steps to block unsupervised access.
Unsafe access is often a key issue in child drowning cases.
Supervision & Lifeguard Failures
Supervision and lifeguard practices also play a major role. Some pools that should have trained lifeguards don't, and others rely on staff who are distracted or monitoring too many swimmers at once. At private events, owners and operators may fail to set and follow basic rules about alcohol, diving, and supervision. These choices can turn an ordinary gathering at an apartment pool, hotel along I-10, or neighborhood pool in San Antonio into a life-changing emergency.
Unsafe Equipment & Poor Maintenance
Unsafe equipment and poor maintenance can contribute as well. Defective or uncovered drains can create powerful suction that traps swimmers underwater. Broken steps or ladders, slippery surfaces, and cloudy water can make it difficult to see and assist someone in distress. Lights that don't work around the pool or underwater can hide danger during evening swimming, and missing depth markers or warning signs can mislead guests about where it's safe to dive.
Some frequent causes of pool drowning and near drowning incidents include:
- Missing or broken fencing and gates around a pool
- Lack of self-closing, self-latching locks on access points
- No lifeguard where one is reasonably expected
- Inattentive or poorly trained lifeguards or staff
- Defective or uncovered pool drains or circulation systems
- Murky water, poor lighting, or cluttered pool areas
- Missing or inadequate warning signs, depth markers, or safety equipment
Our goal is to pinpoint which of these failures occurred and how they contributed to the drowning. That level of detail helps show that the incident was preventable under Texas law and supports a strong claim against those who allowed dangerous conditions to exist.
Who May Be Liable for a Drowning in San Antonio
Families may assume that only the person watching the pool at the time can be responsible. In reality, liability for a drowning or near drowning can extend to several parties. Texas premises liability law looks at who owned or controlled the property, what safety measures were required, and whether any defective products were involved.
In many cases, apartment owners, hotel chains, or property management companies bear significant responsibility. They decide how the pool is designed, what safety measures are installed, and how maintenance and supervision are handled. If they ignore building codes, fail to repair broken gates, or understaff the pool to save money, they may be legally responsible for the results. Under Texas law, they can be held accountable when they knew or should've known about a dangerous condition and failed to fix it or warn guests.
Homeowners can also be liable in certain situations, particularly when they invite guests to use a pool and don't take reasonable steps to keep the area safe. Private clubs and community associations that operate pools have similar duties to maintain safe conditions and follow safety rules that apply in Texas. When children are involved, the attractive nuisance doctrine can impose additional responsibilities when an owner knows a feature like a pool is likely to draw children who may not understand the danger.
Manufacturers and maintenance contractors are sometimes part of the picture. If a drain cover, pump, alarm, or other equipment is defectively designed or installed, that defect can cause or worsen a drowning event. Contractors who perform careless repairs, disable safety alarms, or ignore obvious hazards can contribute to dangerous conditions. These issues often require technical investigation, code review, and analysis by qualified professionals.
How We Identify Responsible Parties
Our attorneys review property records, maintenance logs, contracts, safety policies, and incident reports to identify potential defendants. We also examine surveillance footage, 911 records, and witness statements to build a clear timeline of what happened. Our goal is to build a complete picture of what went wrong and who had the power to prevent it so we can pursue every responsible party, including corporations and their insurers.
Life After Nonfatal Drowning Injuries
Some families face a different kind of nightmare. Their loved one survives a near drowning, but life is never the same. Oxygen deprivation can cause serious brain injuries, including hypoxic and anoxic damage, that affect memory, movement, speech, and behavior. Recovery can be slow and uncertain, and doctors may not know the full outcome for months or longer as they monitor changes in thinking, mood, and physical abilities.
How Brain Injuries Change Daily Life
These injuries are often called catastrophic for a reason. A child who once ran, spoke, and played may need help with basic tasks and ongoing supervision. An adult may be unable to return to work and may require rehabilitation, in-home care, or placement in a long-term care facility. The emotional and financial strain on the entire family can be enormous as parents or spouses try to balance caregiving with work and other responsibilities.
Long-Term Costs & Needed Support
Long-term care and rehabilitation are expensive. Families may face bills for intensive care stays, repeat hospitalizations, physical and occupational therapy, speech therapy, assistive equipment, and modifications to their home or vehicle. On top of that, one or more family members may have to stop working to provide care. A meaningful recovery in a legal case can provide resources for these needs over a lifetime, including compensation for future medical care, lost earning capacity, and the day-to-day impact on your family's life.
How Our Firm Approaches These Cases
Our firm has a long record of securing substantial recoveries. We prepare cases for trial so we can seek the full compensation allowed under Texas law, including economic damages like medical bills and lost income and non-economic damages for pain, mental anguish, and loss of companionship. When our San Antonio pool accident lawyers handle a near-drowning case, our goal is to build a claim that reflects the real, long-term impact on your family.
We also know that caring for a loved one with a brain injury is emotionally draining. We work to shoulder the legal burden, communicate in clear language, and keep you informed about major developments. Families don't have to face hospitals, insurers, and corporate defendants alone. We're here to stand in your corner and fight for a better future.
Talk to Our San Antonio Drowning Lawyers
A drowning or near drowning at a pool or other body of water is almost always life changing, and in many cases it's preventable. If your family is living with the loss of a loved one or the effects of a severe water injury, you deserve clear answers about what happened and a chance to seek accountability. At Arnold & Itkin, we bring the resources of a national trial firm to families in San Antonio, Bexar County, and throughout Texas. We've recovered tens of billions of dollars for our clients, and we're committed to treating every case as personal. Our San Antonio pool accident attorneys prepare cases for trial, face powerful opponents, and work to secure the support families need to rebuild.
Your consultation is free. When you're ready to talk, we can listen and explain your options in a conversation that moves at your pace. Call (888) 493-1629 to speak with our team today.
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