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San Antonio Swimming Pool Accident Attorney
Michael Grossman on Pool Accidents in San Antonio : San Antonio Swimming Pool Accident Attorney

You’ll be hard-pressed to find people in San Antonio, Texas that don’t enjoy the cooling waters of a backyard pool, especially during a hot Texas summer. Thousands of adults and children alike can spend countless hours in a pool, or close to a pool, whether it’s in a backyard, at an apartment complex, or at a public pool.
Sadly, hundreds of pool accidents occur in Texas every year, resulting in severe injury or even loss of life. Swimming pool accidents can occur with little notice, and injured victims or bereaved family members can be left with a certain anger or grief over the circumstances that contributed to their injury or loss. In the aftermath of a pool accident in San Antonio, an aggrieved party may be able to seek compensation and pursue justice for their injury or loss through a personal injury lawsuit or a wrongful death lawsuit. San Antonio swimming pool accident attorney Michael Grossman offers the following informative article to provide you with more information which may prove useful to you in considering whether or not to pursue legal action following a San Antonio pool accident.
Negligent Entrustment in Texas Swimming Pool Accidents
Swimming pool accidents can happen in a wide variety of ways; however, certain issues can often lead to a greater risk of swimming pool accidents occurring. For instance, negligent supervision, also known as negligent entrustment, is a leading issue in contributing to injurious or fatal pool accidents involving children. Child drowning accidents can happen with little to no notice, resulting in a devastating effect on the child’s family, friends, and community. Even if a drowning child can be saved, the lack of oxygen that often accompanies even a few moments beneath the water may lead the child to develop a lifelong medical condition that may require medical attention for the rest of their life. In either case, a family is often left dealing with a difficult situation that is often detrimentally compounded by mounting medical bills. Should their child have suffered severe injury or death due to the negligent supervision of their child by another adult, lifeguard, or other supervisory person at a pool, the aggrieved parent can seek compensation for their child’s injury or loss through a civil lawsuit.
In the event of a fatal child swimming pool drowning accident, compensation is often a secondary concern to a bereaved family. More often than not, they will want to seek out the liable parties so that they can be held properly accountable for their negligent behavior contributing to the fatal accident. San Antonio swimming pool accident attorney Michael Grossman, with 20 years of practice in both personal injury and wrongful death law, works to ensure that such liable parties are identified and held accountable for their actions so that a similar accident does not have to cause further grief to another family due to the same set of circumstances.
Swimming Pool Accidents and Lack of Maintenance

Other types of pool accidents, including slips and falls or other injuries that can occur to a person in the vicinity of a pool, often happen due to lack of proper maintenance of the pool or the pool grounds. As anyone who owns a pool knows all too well, properly maintaining a pool requires a great amount of effort. Such an effort must often be increased as the size and popularity of a pool increases. Consequently, public pools require much maintenance work in order to ensure their continued safe use. Untreated pool water can lead to disease. Improperly maintained pool equipment can lead to injury. A broken diving board can cause severe head trauma or lacerations. In fact, a number of different types of injuries, all to varying degrees, can occur due to various issues in regards to pool upkeep. Should a person suffer an injury or lose a loved one due to an accident caused by the improper maintenance of a pool, an aggrieved party may have merit in seeking compensation from the owner or the property manager of the pool. In instances where a defective piece of pool equipment, like a pool drain or pool gate, may have led to an accident causing injury, the manufacturer of that piece of equipment may be held liable for the accident through a product liability case.
Often, determining how a swimming pool accident occurred can be a challenging task; however, San Antonio swimming pool accident attorney Michael Grossman and his team at Grossman Law Offices have twenty years of experience in personal injury and wrongful death cases, so we will work to conduct a thorough investigation into a pool accident in order for the cause or causes to be discovered so that the liable parties can be held accountable for their negligence.
Premises Liability and San Antonio Swimming Pool Accidents
Premises liability law may come into play in connection to a San Antonio pool accident that occurs at a private residence. Premises liability law covers situations where a person suffers an injury while on someone else’s property. A property owner in Texas has specific legal duties they must live up to in connection to the type of visitor at their residence. Texas premises liability law categorizes visitors into three distinct categories:
- Invitee: An invitee is someone that visits a property for a reason that is mutually beneficial to both the invitee and the property owner. For example, a shopper that goes to a store is an invitee.
- Licensee: A licensee is someone that visits a property for their own benefit. In the eyes of the law, a person visiting their friend’s house is considered a licensee.
- Trespasser: A trespasser is someone that visits a property without the property owner’s permission. A thief is a trespasser.
In a majority of pool accident injury cases invoking premises liability law, the victim would be considered a licensee. Consequently, the legal duty that a property owner owes to a licensee includes warning the licensee of any possible, foreseeable risks that might be associated with their property or with the usage of their pool. In other words, a property owner must be fairly pro-active in providing for their licensee’s safety while the licensee is on their property. A property owner is also not allowed to inflict intentional harm on a licensee. If an injurious or fatal private pool accident occurs due to a foreseeable risk, or due to a deliberate act on the part of the property owner, an aggrieved party may be able to seek compensation for their injury or loss through a pool premises liability lawsuit.
The Virginia Graeme Baker Pool & Spa Safety Act
Named after a young girl that suffered a fatal pool accident caused by a pool drain, the Virginia Graeme Baker Pool & Spa Safety Act was enacted a few years ago in order to federally mandate that all public pools utilize anti-entrapment pool drains in their pools. These public pools, which include apartment pools, school pools, rec center pools, and public park pools, must all use pool drain covers that pass a certain standard for safety so that fatal pool accidents are minimized to as great a degree as possible. State law also applies to these types of public pools in regards to these and other pool safety issues. Consequently, public pools should be safe to use for the public; unfortunately, public pool accidents and public pool drownings can still occur, due to a wide variety of circumstances like those previously mentioned in this article. However, the Virginia Graeme Baker Pool and Spa Safety Act has done much to ensure that faulty pool drain covers do not have to result in the loss of further life.
Should I Seek a Swimming Pool Accident Lawsuit?
Knowing whether or not to seek legal action as a result of the negligent behavior of another person or entity can be difficult for some people, especially if they’ve never suffered an injury or loss before that may be legally actionable. However, one of the purposes to pursue legal action through a personal injury lawsuit or a wrongful death lawsuit for a pool accident in San Antonio is for the aggrieved party to seek compensation for their injury or loss. In the event that a pool accident has left a child or adult with a debilitating injury, the amount of medical bills likely to be accrued can be quite high. As a result, such an aggrieved family or individual may be experiencing great financial stress in addition to the injury they may have sustained. In instances where a person suffers such a severe injury that they’re unable to return to work, compensation possibly received through a personal injury lawsuit can go toward assisting such an injured individual despite their inability to continue working.

In the event of a fatal pool accident in San Antonio, the secondary aspect of seeking legal action through a civil lawsuit is often the more pressing matter than seeking compensation. Families that have lost loved ones due to a pool drowning accident often have questions whose answers are seldom easy to answer. However, with the help of an experienced San Antonio swimming pool accident attorney, a bereaved family can be provided with investigative assistance that can work to get the answers such a family deserves. In working to conduct a thorough investigation of a pool accident, we will work to identify all liable parties so that they can be held fully accountable for their negligent behavior in connection to your loss. Our goal is to see to it that justice is served so that a future, similar accident does not have to cause grief to another family.
With two decades of experience in personal injury and wrongful death law, San Antonio swimming pool accident attorney Michael Grossman has the experience, knowledge, and reputation that can help you seek compensation and pursue justice for a pool accident resulting in injury or death. Whether the pool accident was caused by negligent entrustment, lack of proper maintenance, premises liability, or any combination of those issues, we will work to ensure that the liable parties are held fully accountable for their actions. If you or a loved one have been injured in a pool accident in San Antonio, TX, contact our pool accident lawyers at our toll-free number, 1-855-393-0000, for a free legal consultation where we’ll answer any further questions you may have.
Some of Our Most Recent Successful Cases
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.
(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
Confidential
Attorney Fees:
Confidential
Confidential
Litigation Expenses:
Confidential
Confidential
$95,035.00 Recovery - Wrongful Death / Automobile Accident
Recovery for the father of a young man who was killed in a car accident.
Recovery for the father of a young man who was killed in a car accident.
Total Recovery:
$95,035.00
$95,035.00
Attorney Fees:
$31,678.00
$31,678.00
Litigation Expenses:
$25.00
$25.00
$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.
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
$3,200,000.00
Attorney Fees:
$1,280,000.00
$1,280,000.00
Litigation Expenses:
$50,000.00
$50,000.00
$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.
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
$550,000.00
Attorney Fees:
$220,000.00
$220,000.00
Litigation Expenses:
$25,000.00
$25,000.00
$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.
(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
$150,000.00
Attorney Fees:
$50,000.00
$50,000.00
Litigation Expenses:
$341.00
$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.
(policy limits) Recovery for wrongful death/ nursing home negligence which resulted in bed sores which became infected.
Total Recovery:
$100,000.00
$100,000.00
Attorney Fees:
$33,133.00
$33,133.00
Litigation Expenses:
$400.00
$400.00
Confidential Recovery - Wrongful Death / Commercial Vehicle Accident
(policy limits) Our attorneys secured a recovery against a major trucking company for the daughter of a man who was killed after his vehicle collided into an 18-wheeler which was blocking the roadway. Litigation is ongoing against additional defendants.
(policy limits) Our attorneys secured a recovery against a major trucking company for the daughter of a man who was killed after his vehicle collided into an 18-wheeler which was blocking the roadway. Litigation is ongoing against additional defendants.
Total Recovery:
Confidential
Confidential
Attorney Fees:
Confidential
Confidential
Litigation Expenses:
Confidential
Confidential
$625,000.00 Recovery - Wrongful Death / Medical Malpractice
Recovery for family of victim who died after receiving the wrong medication.
Recovery for family of victim who died after receiving the wrong medication.
Total Recovery:
$625,000.00
$625,000.00
Attorney Fees:
$206,250.00
$206,250.00
Litigation Expenses:
$5,000.00
$5,000.00
$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.
(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
$250,000.00
Attorney Fees:
$78,000.00
$78,000.00
Litigation Expenses:
$370.00
$370.00
$400,000.00 Recovery - Wrongful Death / Medical Malpractice
A young handicapped woman lost her life when a long-term care facility failed to provide her with treatment for obvious symptoms of severe illness. The defendants maintained that there were no outwardly visible signs of illness. The medical evidence showed otherwise. The case was successfully resolved through litigation, though damages caps imposed by tort reform were a factor.
A young handicapped woman lost her life when a long-term care facility failed to provide her with treatment for obvious symptoms of severe illness. The defendants maintained that there were no outwardly visible signs of illness. The medical evidence showed otherwise. The case was successfully resolved through litigation, though damages caps imposed by tort reform were a factor.
Total Recovery:
$400,000.00
$400,000.00
Attorney Fees:
$132,000.00
$132,000.00
Litigation Expenses:
$25,000.00
$25,000.00



