Aquatic Litigation

Water accidents are especially tragic because they often involve children and are frequently fatal.

Drowning is one of the leading causes of death in children under the age of 14. No family should suffer such a terrible loss, but if the unthinkable has happened to you, we want to help. Our team of experienced aquatic litigation lawyers can help ensure that your rights are honored. A swimming pool accident lawsuit can also force changes at the accident site so that others do not become victims as well.

Recoverable damages associated with swimming pool accidents and injuries:

  • medical expenses
  • trauma
  • pain and suffering
  • mental distress
  • wrongful death
  • financial losses

Possible causes of pool accidents and drowning:

  • cloudy or murky water
  • malfunctioning pool drains
  • improperly maintained safety equipment
  • not enough staff or safety personnel


Resort/Hotel Pools

Many hotel and resort owners believe that posting a warning sign at the pool releases them from liability, but they are mistaken. If they fail to comply with state and federal laws regulating commercial pools and this results in injury or death, they can be held responsible. The hotel/resort’s own security cameras may have captured the incident and it is crucial that that record be preserved — our team will quickly seek a temporary restraining order to prevent the video from being destroyed.


Water Parks

Water park drownings can happen in the presence of dozens or even hundreds of park-goers, lifeguards and staff.  Sadly, most of these terrible accidents could be prevented with adequate park staff and proper training of lifeguards.


The 10/20 Rule

  • lifeguards should recognize that someone is in trouble within 10 seconds
  • lifeguards should reach that person within 20 seconds
  • no pool patron should be in danger for more than 30 seconds
  • pools should be staffed based on the 10/20 criteria —the more swimmers in the pool, the more lifeguards are needed to maintain the 10/20 Rule

Because water park drowning cases can be complex, it is important that you hire a legal team familiar with aquatic litigation. Few law firms have as much experience as HMG with these difficult cases.


Apartment Complex Pools

When an apartment complex owner allows the pool to become murky or does not maintain a secure pool fence with working safety latches, a drowning accident can occur. The owners of apartment complex, townhouse and condominium pools must ensure that the pools meet state and federal safety codes.  Their security companies may also be held liable for some safety violations.

Safety features required in public pools and spas by Texas law:

  • floor markings and floating safety rope between 1 and 2 feet of depth in pools over 5 feet deep
  • depth markers on side walls and deck of pool
  • "no diving" warning signs for depths less than 6 feet
  • a reaching pole and throwing rope (or throwing rope with buoy for larger pools)
  • appropriate lighting that allows all areas of the deck area and water surface to be seen at night
  • barrier fence with safety latches on all pool gates


The new Virginia Graeme Baker Pool and Spa Safety Act also requires that all public pools have drain covers or other anti-entrapment or suction-limiting devices/systems to prevent injury or drowning.


Contact our aquatic litigation experts at 800-334-3298 for a free consultation about your case.