San Antonio Apartment & Hotel Pool Drownings

San Antonio Apartment Pool Drowning Accident Lawyer Michael Grossman Discusses Your Legal Rights Following a Drowning at a San Antonio Apartment Complex

If you may have experienced the tragedy of losing a loved one due to a drowning accident at an apartment complex in San Antonio, Texas, you may be able to pursue justice for your loss through a wrongful death lawsuit against the party or parties responsible for the accident.

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Such parties could include an adult guilty of negligent entrustment or a property owner guilty of failing to properly maintain the premises. Should you or your child have suffered an injury due to a drowning accident, you may be able to seek compensation for your injury or your child’s injury through a personal injury lawsuit. Compensation that may be awarded through either type of civil lawsuit can benefit an injured person or a bereaved family in regards to the financial losses that often accompany a drowning accident at an apartment complex. In either instance, the help afforded to an aggrieved party by an experienced San Antonio apartment pool drowning attorney can be immeasurable. By seeking legal action against the liable parties whose negligence caused you injury or loss, you will be seeking to hold them accountable for their behavior so that future, similar accident do not have to cause further harm to another person or family. With two decades of practice in the realms of personal injury and wrongful death law, San Antonio apartment pool drowning attorney Michael Grossman can help you through this difficult time.


How Do Apartment Pool Drownings Occur in Texas?

In many instances where an apartment complex drowning accident occurs, an apartment owner or property management company may bear partial or full liability for such an accident. These entities must provide for their tenant’s safety at all times, especially in regards to the hazards that public pools can pose. For example, if a pool gate is not maintained to be in functional order, or if a latch on a pool gate does not work, a child could wander into the pool area and into the pool itself. If the child suffers a fatal drowning accident at the apartment complex, the property owner or property manager may be held liable for such an accident, since their precautions, if properly maintained, may have prevented such an accident from occurring. Furthermore, public pools are required to use compliant pool drain covers per the federal law contained in the Virginia Graeme Baker Pool & Spa Safety Act. This Act works to ensure that children cannot be caught in a vacuum under water that can happen when a non-compliant drain cover is used. Warning signs must also be posted so that the inherent dangers in using a pool are known to the tenants.

Negligent supervision, also known as negligent entrustment, is also a leading, contributing factor to apartment pool drowning accidents. Children can experience an injury or fall into a pool in a very short amount of time. When a responsible adult, guardian, or lifeguard fails to keep a watchful eye out for any foreseeable problems and a child suffers a drowning accident, the adult in the situation may be held liable for the results of the accident. For example, if a person allows their child to go swimming with one of their child’s friends, with the assumption that the friend’s parent will be watching over both children while in or near the pool, and the person’s child drowns in the apartment pool, the person may have a claim against the other parent that should have been watching the children. At apartment complexes in San Antonio and throughout Texas, such instances can occur, even if an entrusted adult simply steps away from a pool for a few moments.

In some instances, a combination of events or issues can all contribute to the same San Antonio apartment pool drowning accident. This would mean that multiple liable parties were involved, and each party would then need to be identified. Working to identify each liable party involved in a fatal accident can sometimes prove to be challenging, especially if a liable party was not directly involved in the accident, such as when a defective product leads to a parts manufacturer being liable for a drowning. However, it’s important toward the ultimate outcome of a personal injury or wrongful death lawsuit that all liable parties are properly identified. Each party is responsible for awarding a percentage of total compensation to a plaintiff based on their portion of liability for an accident. For example, if an injured victim incurred $100,000 in total damages as a result of a near-drowning accident at an apartment complex, and the property owner was found to be 20% responsible for the accident, the property owner would only have to award the injured victim $20,000 should the verdict result in a successful outcome for the plaintiff. The other entities involved in the accident would then hold a certain percentage of responsibility for the rest of the damages incurred. Consequently, it’s important to have a thorough investigation conducted into any drowning accident in Texas so that all of the liable parties can be identified and held accountable for their actions. With two decades of practice in looking into fatal accidents, San Antonio apartment pool drowning accident lawyer Michael Grossman and his team at Grossman Law Offices will conduct an exhaustive investigation so that the liable parties can be found. It should also be noted that the more quickly such an investigation can begin, the more likely it is that a strong case can be built, that evidence won’t go missing, or that a faulty gate or drain cover won’t be “fixed” before proper liability can be assessed.

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Hotel Pool Drownings in San Antonio

Drownings at hotels in San Antonio contain many of the same legal issues that apartment complex pool accidents have. A hotel must maintain their pool, and the areas surrounding the pool, to be safe for use by their visitors and guests. Children should not be allowed to enter restricted areas. Adequate warning signs should be placed near the pool. Pool equipment must be maintained so as not to cause injury when used. Anti-entrapment pool drain covers should be utilized in order to stay compliant with the Baker Pool Safety Act and so that entrapment or entanglement accidents are prevented. In the same vein as apartment pool accidents, the owner of a hotel or the company responsible for managing the property may be held liable for a drowning accident, depending on the specific details of the accident.

San Antonio hotel drowning accidents may have one unique issue that can arise in certain instances. If a person is intoxicated due to being over-served alcohol at a bar or restaurant, such as those often contained within a hotel, and the person falls into a pool, or causes injury to themselves or someone else, the bar or restaurant may be held partially liable for any injury or death that occurs subsequent to their drinking at the alcohol-serving establishment. This is part of Texas dram shop law, and this law works to hold negligent bars and restaurants accountable for their behavior in contributing to injurious or fatal accidents that happen as a result of drunkenness. Such bars and restaurants can be held partially liable for an accident, even if the accident injures the drunk patron. While an alcohol-serving establishment will not hold whole liability for such an accident, they can be an additional defendant in a personal injury or wrongful death lawsuit. The San Antonio hotel accident attorneys at Grossman Law Offices are very familiar with pursuing dram shop causes of action against negligent bars and restaurants.


Contact San Antonio Apartment Pool Drowning Accident Lawyer Michael Grossman

If you’ve experienced an injury due to an apartment pool drowning accident or a hotel pool accident, the physical injury you’ve suffered has likely been compounded by financial stress. Through a personal injury lawsuit, you may be able to be awarded compensation that can go toward your medical bills, both past and future, your lost wages, your pain and suffering, and other types of damages you may have incurred as a result of the injury. With two decades of experience in Texas personal injury law, drowning accident lawyer Michael Grossman can help you seek such compensation so that you might be able to focus on recovering from injury in order to return to living your life.

If you’ve lost a loved one due to a drowning accident at an apartment complex in San Antonio, TX, your desire for answers likely outweighs your desire to seek compensation. While such compensation can prove helpful in regards to expenses incurred as a result of your loss, you’re likely much more interested in holding the negligent parties accountable for their behavior. We will come alongside you during this difficult time in order to help you get those questions answered so that the liable parties are all identified and brought to justice. We will work to also help change laws where possible so that similar fatal accidents do not have to cause further grief to another family. With 20 years of practice in wrongful death cases throughout the country, Texas drowning accident attorney Michael Grossman understands the emotional stress of seeking justice against a party responsible for your loved one’s death and will help you do so in order for justice to be served.

Contact our drowning accident attorneys toll-free at 1-855-393-0000 for a free and confidential legal consultation. You can share the details of your accident with us and we’ll apprise you of your legal options. Our goal is to help you seek full and fair compensation for your injury or loss while ensuring that each liable party is held fully accountable for their negligent actions.


Some of Our Most Recent Successful Cases
$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
Confidential Recovery - Wrongful Death / Commercial Vehicle Accident
(policy limits) Our firm was hired by the wife and children of a retired Army Colonel who was killed in an underide 18-wheeler accident. In addition to being a decorated veteran, the decedent worked both professionally and on a voluntary basis to establish numerous learning institutions and vocational programs for at risk youths. The accident occurred as the decedent was traveling on a rural highway when an 18-wheeler failed to yield the right of way and made a rolling stop through a stop sign.

This placed the trailer of the 18-wheeler in a position whereby it blocked the entire roadway and shoulder, leaving the decedent no option but to collide with the trailer. Witnesses on the scene attempted to revive him but to no avail. Furthermore, while two female eye witnesses struggled to pry open the decedent's door to provide emergency care, the truck driver stayed in his truck and offered no assistance. Despite what appeared to be an incredibly apparent case of negligence on behalf of the defendant, defense counsel refused to accept liability resulting in rather lengthy litigation.

The defendants initially denied the claim based on the allegation that the decedent was speeding and the truck driver therefore could not adequately gauge the amount of time he had to pause at the stop sign. The physical evidence contradicted this notion entirely, notwithstanding the fact that even if the decedent had been contributorily negligent, that would not have outweighed the severe degree of negligence on the part of the defendant. Nevertheless, our attorneys were able to conclusively refute this argument based on eye-witness testimony and the testimony from police investigators who calculated the decedent's speed to be precisely at the posted speed limit. In a desperate and largely unprecedented move, the defendants then designated the state as a responsible third party.

Generally speaking, a defendant will often threaten to designate a third party in order to leverage their position but it is rare that such an arbitrary and arguably frivolous designation is actually carried out. However, that is precisely what occurred and the state was thusly incorporated into the lawsuit by the defendants. The basis of the defendant's argument was that the state erected a large street sign that obstructed the truck driver's view of approaching traffic.

Several months of intense litigation were required to before the defendant finally acquiesced in regard to this argument. The argument was finally abandoned by the defendants when in the first mediation our attorneys presented video footage shot (in a controlled setting) from the perspective of an 18-wheeler driver which showed that the sign simply did not obstruct enough of the roadway in order to be a hazard. The case was ultimately resolved through litigation.
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
$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
$550,000.00 Recovery - Wrongful Death / First Party Dram Shop
A young woman lost her life after a bar over served her to more than three times the legal limit resulting in her burning to death in a single-vehicle accident. Witnesses stated that she was so intoxicated that she could barely make it to her vehicle without assistance. Through litigation, our attorneys ascertained the necessary evidence to prove that the establishment provided alcohol to an obviously intoxicated person, thus resulting in her ultimate demise.
Total Recovery:
$550,000.00
Attorney Fees:
$220,000.00
Litigation Expenses:
$25,000.00
Confidential Recovery - Wrongful Death / Premises Liability
Facility sued for negligent contribution to the death of an innocent bystander. A fatal shooting occurred on the property after the facility failed to appropriately respond to outbursts of violence & gang activity. Following the young man's death, his parents hired our firm to pursue the facility for their negligent actions including failure to provide adequate security. The case was successfully resolved through litigation.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$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
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
$97,500.00 Recovery - Wrongful Death / First-Party Dram Shop Accident
(policy limits were $100k) Recovery for wife of a motorcyclist who was killed in a drunk driving accident.
Total Recovery:
$97,500.00
Attorney Fees:
$48,750.00
Litigation Expenses:
$0.00
$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

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