San Antonio Drowning Accidents

San Antonio Drowning Accident Lawyer Michael Grossman on Texas Child Drowning Accidents

Children in San Antonio and throughout the State of Texas enjoy the coolness of diving into a pool, especially as the temperature steadily rises into the hot Texas summers.

Do you have a legal question?
Enter your phone number below and let's talk.
--

Unfortunately, the allure of a pool can lead to child drowning accidents that can occur in the blink of an eye. Negligent supervision, lack of proper maintenance, and other issues can all contribute to such fatal drowning accidents occurring. When such a fatal accident occurs, a bereaved family may have merit in pursuing a wrongful death lawsuit against the entity or entities responsible for their loss. Through such a civil suit, an aggrieved family can seek compensation for their loss, but, more personally and often more relevant to the bereaved family’s needs, justice can be pursued and pressing questions can be answered. With two decades of practice in wrongful death lawsuits in the State of Texas, San Antonio drowning accident lawyer Michael Grossman provides the following article that may assist you in understanding the process for seeking legal action against a negligent party in a drowning accident in San Antonio, TX.


Child Drowning Statistics in America

The U.S. Centers for Disease Control provides the following sobering statistics in regards to childhood drowning accidents:

  • Children under 14 years of age comprise more than 20 percent of all fatal drownings.
  • For every child that died due to drowning, four others were treated for an injury caused by a non-fatal submersion accident.
  • In 2007, about 33 percent of all children who experienced a fatal accident died due to drowning.
  • Drowning rates have declined since 2007, but drowning is still the second-leading reason for death due to unintentional injury to children under 14 years of age.
  • A majority of drownings that happen to children 4 years of age and younger happen in swimming pools at residential areas.
  • Most drownings involving children happen when the child was in the care of one or both parents, was out of sight for less than five minutes, and was last seen inside of a house.

Despite the age of these statistics, the information presented provides a serious look into the severity of child drowning accidents in America. As you can likely tell, a parent, guardian, or other entrusted individual bears a heavy burden to ensure the safety of children while such children are using a pool, or even in close proximity to a pool. Should a child suffer and injury or die as a result of negligent entrustment, a bereaved family may be able to seek compensation and pursue justice against the liable party through a civil lawsuit in San Antonio.


Negligent Entrustment in Pool Accidents in San Antonio

When a responsible adult fails to fulfill their duties in looking out for the safety of a child or teenager left in their care and the child or teen experiences an injury, the adult could be held liable for the injury due to negligent entrustment. As the statistics show, a child can escape notice in a matter of a few minutes and can become injured in a San Antonio pool drowning accident within just a few seconds. Should the child be rescued from a drowning accident, even just a few minutes underwater without oxygen may cause serious to severe injury. Consequently, such an injured child may develop life-long medical issues which may be accompanied by continual medical costs. By seeking legal action against the liable parties responsible for such an accident, an aggrieved parent may be able to seek compensation that can greatly assist with medical costs.

Should the child suffer a fatal drowning accident in San Antonio, the grief, anger, and frustration of a bereaved family can often be immense. While compensation can be sought in such instances for financial losses often incurred, including the child’s pain and suffering as well as the family’s pain and suffering, compensation is often not the first issue that concerns a grieving family. More often than not, such a family desires answers as to why a drowning accident occurred so that the liable parties can be held fully accountable for their negligent behavior. San Antonio drowning accident lawyer Michael Grossman will work toward obtaining fair compensation for your loss in addition to making sure that the liable parties are brought to justice.

When negligent entrustment results in a child being able to enter a restricted area, or in a child being able to get into a pool without proper supervision, and that child suffers an injury, the child’s parents may consider bringing a personal injury lawsuit against the liable adult entrusted with their child’s care. Should a fatal drowning accident occur, a wrongful death lawsuit may be pursued.

Do you have a legal question?
Enter your phone number below and let's talk.
--

Poor Pool Maintenance and Drowning Accidents

Another cause of drowning accidents in Texas can be attributed to poor pool maintenance. Such maintenance can concern treating the water properly so that it’s clear and uncontaminated. Proper maintenance must also be performed on the areas surrounding the pool so that pool gates or latches work to prevent unsupervised children from getting into a pool without adult supervision. Pool equipment must be kept in proper working order so that a suction accident doesn’t result in a drowning. Pool drains in public pools must comply with the Virginia Graeme Baker Pool & Spa Safety Act so as to prevent entrapment accidents resulting in drowning. Diving boards or other recreational equipment used in conjunction with the pool must also be kept in proper working condition so as to minimize other types of accidents from occurring.

When a piece of equipment contributes to a drowning accident, a property owner or property manager may bear liability for such an accident, depending on the specifics of the accident itself. Should a piece of equipment be found to have been defective, instead of just improperly maintained, a product manufacturer may be held liable through a product liability civil suit. In some instances, a chain of events may have contributed to a San Antonio drowning accident in which multiple liable parties may have all played a certain role in contributing to or causing the accident. Consequently, an aggrieved party will then often require the legal assistance of an experienced San Antonio drowning accident lawyer who can build a strong case against each unique defendant. While this can sometimes prove challenging to lesser-experienced lawyers, especially when a liable party may not have been directly involved in the accident site, our seasoned investigative team knows where to look and what questions to ask in order to work toward determining the liable parties for a drowning accident.


Tips for Pool Safety in Texas

Should you be the owner of a pool, the following tips may prove useful in regards to providing for the safety of your guests while they’re enjoying your pool. Additionally, if another parent, guardian, or adult supervisor fails to implement these suggestions by the National Drowning Prevention Alliance and an accident befalls your child while using their pool, you may have merit in seeking legal action against them for negligent entrustment.

  • No child should be left unsupervised while in or near a pool.
  • An adult “water-watcher” should be designated that keeps an eye on the pool at all times.
  • No child should be considered to be drown-proof, even if they may be considered a strong swimmer.
  • A 5-foot tall fence with a self-latching mechanism ought to exist between the pool and the home.
  • A house with a pool should have audible warning signals when a door or window is opened in the home.
  • A pool gate should never be propped open or left open unattended.
  • Powered pool covers should be used over floating pool covers.
  • A phone should be kept close to the pool so that, in the event of an accident, a person does not have to go back into a house to use the phone.
  • The owner of the pool should know how to perform CPR on children and adults.
  • A life-saving ring, CPR instructions, and a shepherd’s crook should be kept close to the pool.
  • Water should not be left in unattended wading pools or buckets.
  • The pool should be the very first place to look when a child is missing.
  • Toys should be removed from the pool or near the pool when not in use.
  • Chlorine dispensers should not look like tantalizing toys.
  • Babysitters should be properly instructed about the hazards that a pool can pose at a residence.

Contact San Antonio Drowning Accident Lawyer Michael Grossman

If your child has suffered a drowning accident due to the negligent behavior of another person or entity, consider contacting the drowning accident attorneys at Grossman Law Offices. The compensation that may be awarded after the successful conclusion to a personal injury claim can be put toward medical bills, both past and future, as well as other financial losses experienced as a result of your child’s injury. Since drowning accidents can result in a wide range of injuries that can be serious to severe to life-altering, seeking compensation through a San Antonio personal injury drowning accident case may be able to help your child receive necessary medical attention without adding further financial stress to your life. Furthermore, by seeking such legal action, you will also be working to hold the negligent parties accountable for their actions that resulted in injury to your son or daughter.

Should you have experienced the tragedy of losing a child to a fatal drowning accident in San Antonio, you are likely seeking answers as to the cause of such an accident so that those responsible can be brought to justice. Once hired to help, we will work to ensure that all liable parties are properly identified so that they can be held fully accountable for their actions. We want to make sure, just as you do, that their continued negligence does not contribute to further fatal accidents causing grief to more families. With two decades of practice in wrongful death cases in Texas, we understand that no amount of money can return your lost loved one to you. However, the compensation sought for your loss sends a strong and clear message to a liable party that they have committed a disastrous error that has caused much pain and grief.

Lastly, seeking legal action through a personal injury lawsuit or wrongful death lawsuit often requires much legal legwork. This work involves conducting a thorough investigation into an accident site. Consequently, it’s often important to the outcome of a civil suit that a plaintiff’s attorney is able to investigate an accident as soon as possible after it has occurred. As time passes, evidence can go missing. In some instances, evidence may be tampered with by a liable party that simply does not want to be held accountable for their actions. By contacting an experienced San Antonio drowning accident lawyer as soon as possible in the aftermath of a drowning accident in San Antonio, an aggrieved party often allows a stronger case to be built since more relevant evidence can often be found when less time has passed from the date of the accident itself. In the event of a fatal drowning accident, the evidence obtained at an accident site is often the only voice that a decedent has in defending their rights. Our drowning accident attorneys in San Antonio will conduct an exhaustive investigation into a drowning accident so that our clients’ rights can be fully defended.

Do you have a legal question?
Enter your phone number below and let's talk.
--

If you have cause to seek legal action against a negligent party or parties as a result of a San Antonio drowning accident, contact San Antonio drowning accident lawyer Michael Grossman and his team at Grossman Law Offices at our toll-free number, 1-855-393-0000, for a free legal consultation. We’ll answer any further questions you may have and provide you with information regarding your possible legal options. With 20 years of experience, we’re able and ready to help you through this difficult time so that the liable parties can be brought to justice for their negligent behavior.


Some of Our Most Recent Successful Cases
$250,000.00 Recovery - Wrongful Death / Commercial Vehicle Accident
(policy limits) A young mother was killed in an accident involving two commercial vehicles, one an 18-wheeler. The accident occurred as the young woman was a passenger in a vehicle that was traveling down a highway in the early morning hours. Without warning, the vehicle in which she was a passenger collided with a stalled 18-wheeler that parked in the right of way, resulting in catastrophic injuries that claimed the young woman's life soon thereafter.

The authorities initially faulted the driver of the vehicle in which the victim was a passenger, stating that he was using an electronic device rather than paying full attention to the roadway. However, the 18-wheeler was indeed blocking the roadway and plaintiff alleged that the vehicle did not follow the requirements of the Federal Motor Carrier Safety Act in regard to providing adequate reflective or laminated warning at specific intervals. Further, the plaintiffs alleged that the defendant failed to remove his vehicle from the roadway when he first noticed signs of mechanical failure.

Had he simply moved to the shoulder of the road, plaintiffs argued, his lack of adequate warning signs would have been inconsequential. An initial settlement has been obtained in this case, yet litigation has commenced in full against the remaining defendant, and is currently ongoing.
Total Recovery:
$250,000.00
Attorney Fees:
$78,000.00
Litigation Expenses:
$370.00
$95,035.00 Recovery - Wrongful Death / Automobile Accident
Recovery for the father of a young man who was killed in a car accident.
Total Recovery:
$95,035.00
Attorney Fees:
$31,678.00
Litigation Expenses:
$25.00
Confidential Recovery - Wrongful Death / Workplace Accident
Major freight train company sued as the result of an incident which claimed the life of an employee. Our attorneys settled the case outside of court for a confidential amount.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$625,000.00 Recovery - Wrongful Death / Medical Malpractice
Recovery for family of victim who died after receiving the wrong medication.
Total Recovery:
$625,000.00
Attorney Fees:
$206,250.00
Litigation Expenses:
$5,000.00
$3,200,000.00 Recovery - Wrongful Death / Automobile Accident
Our attorneys were hired to represent the family of a middle aged woman who was killed in a car accident. The incident occurred as another vehicle struck the car that the decedent was a passenger in, head-on on the passenger side. The impact resulted in catastrophic injuries which claimed the life of the decedent.

Our attorneys were hired soon after the accident and we launched a full investigation. Through the course of our investigation, it was soon determined that the head-on collision was caused a failed component in the defendant's vehicle (the particulars of which cannot be elaborated upon per the resolution agreement). Suit was filed against the manufacturer of said component and litigation commenced. The case was successfully resolved through litigation.
Total Recovery:
$3,200,000.00
Attorney Fees:
$1,280,000.00
Litigation Expenses:
$50,000.00
$300,000.00 Recovery - Wrongful Death / Third Party Dram Shop
(policy limits) An incredibly intoxicated driver drove head-on into a vehicle, killing several of the vehicle's occupants. The defendants had limited assets, yet an alternative policy was uncovered, which the defendants argued was non applicable. Under threat of litigation, our attorneys negotiated a settlement for the policy limits.
Total Recovery:
$300,000.00
Attorney Fees:
$132,000.00
Litigation Expenses:
$0.00
$150,000.00 Recovery - Wrongful Death / Workplace Accident
(policy limits) Recovery of a disputed life insurance policy for the family of a contractor who died on the job.
Total Recovery:
$150,000.00
Attorney Fees:
$50,000.00
Litigation Expenses:
$341.00
$100,000.00 Recovery - Wrongful Death/ Medical Malpractice
(policy limits) Recovery for wrongful death/ nursing home negligence which resulted in bed sores which became infected.
Total Recovery:
$100,000.00
Attorney Fees:
$33,133.00
Litigation Expenses:
$400.00
$250,000.00 Recovery - Wrongful Death / Commercial Vehicle Accident
Our attorneys were hired to investigate a fatal motor vehicle accident involving an 18-wheeler that claimed the lives of several men, the family of one in particular which our firm represented, felt that the official version of events as outlined in the police report was not an accurate portrayal of the facts and circumstances of the collision.

Our firm launched an investigation, the findings of which served as the basis for a subsequent lawsuit. We were able to determine that the defendant's accusations of contributory negligence on behalf of he driver of the vehicle did appear to be valid and plaintiffs conceded as much. However, the plaintiffs were adamant that the contributory negligence did not entirely overshadow the negligence on behalf of the defendant truck driver.

Through physical evidence and an admission of liability that our attorneys were able to importune from the defendant under oath, we were able to show that the defendant had indeed pulled into the path of the decedent's vehicle, which was of consequence irrespective of the decedent's own contributory negligence, and that icontact.com
Total Recovery:
$250,000.00
Attorney Fees:
$82,500.00
Litigation Expenses:
$10,000.00
$1,000,000.00 Recovery - Wrongful Death/ Commercial Vehicle Accident
(policy limits) A husband and father of three was killed when the driver of an 18-wheeler veered into oncoming traffic, striking the young man's vehicle and several others. The defendant was employed by a small construction company that operated only a single 18-wheeler. As such, the defendants were largely underinsured and were not financially solvent.

Furthermore, the defendants had an eroding insurance policy and numerous other parties were intent upon filing claims of their own since the 18-wheeler struck multiple other vehicles. This created the need for an aggressive and rapid response before the other claimants could erode the policy.

Defense counsel made it clear that they wished to litigate the case despite the insurmountable liability arguments that our attorneys presented. They intended to designate a third party as a responsible defendant since the accident happened in a construction zone, even though it was abundantly clear that the construction zone played no role in the crash.

Additonally, the defendants made it clear that they wished to downplay the extent of the damages by virtue of a character assasination on the decedent. Fortunately for our clients, our firm has successfully litigated against the defendant's insurer in nearly a dozen cases, so the carrier was quite aware of our courtroom capabilities. We presented a sample lawsuit to the defendant's insurance carrier and informed them that the lawsuit was to be filed the moment that they refused to settle.

Additionally, our attorneys submitted a Stowers' Demand with a brief window of time for the defendants to respond. We made it abundantly clear that we intended to seek punitive damages and that we would assert the full limits of the carrier's exposure under the Stowers' Demand should the carrier not offer policy limits.

The defendant's attorney adamantly persuaded the carrier to litigate, however, our attorney's threats of litigation, past track record, and incredibly aggressive pre-litigation actions convinced the insurance carrier to disregard their own attorney's advice and to settle the case, lest they face our attorneys in court.

Had our clients been represented by virtually any other firm who did not have our specific track record or who would have not recognized that this case required special and immediate attention coupled with an abnormally aggressive stance, the client's would have certainly been tied up in litigation for years, with the limited supply of funds rapidly depleting since the other claimants who did not need to litigate would have essentially had right of first refusal.
Total Recovery:
$1,000,000.00
Attorney Fees:
$333,333.00
Litigation Expenses:
$0.00

"When I Lost My Father..."

Get Adobe Flash player

Our Cases in the News

Get Adobe Flash player

Contact Us

Fill out the form below and a legal professional will contact you shortly.

Full Name:

Phone Number:

Email Address:

Describe your situation:

   

Related Articles

Click to Call

--
Enter your phone number above and click "Call Me" to talk to one of our lawyers about your potential case.

Our Clients' Words

Recent Successes