When a child dies or is seriously injured in a swimming accident, it is critical that all those involved in the incident be held accountable for safety lapses that contributed to the incident. Most notably, owners and operators of pools have a duty to ensure basic safety rules are followed to protect swimmers--often young children. When they fail in that regard they can be held liable for the child (or their family) for the harm.
That is exactly what happened in a recent case won by our Dallas swimming accident attorney, Jesse Guerra. Attorney Guerra represented the family of a teenager who drowning in the summer of 2010 at the Plantation House Apartments. The facility was managed by an entity known as MBW Realty Company LLC.
According to the lawsuit, the company allegedly failed to maintain the pool in a safe condition. Their lapses ultimately led to the 16-year old’s drowning death. Most of the time when these lawsuits are filed, after a discovery period, the parties are able to reach a settlement to resolved the matter. However, in some cases, the situation goes all the way to a trial. That is what happened here.
The swimming pool drowning trial started last week and ran a total of seven days. After a day and a half of deliberations, earlier this week the jury in the case returned a verdict in favor of the family. They found the management company responsible for contributing to the death, awarding the family just shy of $1 million ($982,000).
Mr. Guerra's practice is centered on swimming pool litigation and aquatic safety nationwide. He explains how, “the verdict sends a message to all landlords across the City of Dallas and state of Texas that Apartment pools must be maintained up to codes and be safe for children. The pool rules are in place to prevent tragic events. They are not optional. It’s the law. "
Understand Safe Swimming As Warm Weather Nears
It is hard to believe, but in only a few weeks the official start of Spring will be upon us. Of course, with warmer weather comes more people outside enjoying the sun. One of the most common activities at these times involves ways to beat the heat by getting in the water. From spending time at public pools and waterparks to enjoying pools at motels and apartment complexes, residents in Dallas, Texas and throughout the country spend considerable amount of time participating in aquatic activities.
As the recent case exemplifies, far too many of these pools are not maintained according to legal safety standards. As a result, tens of thousands of community members are put at risk every time that they take a dip. Our youngest residents are usually the most vulnerable. Children’s inexperience and still developing mental awareness means that they often do not understand swimming risks. In fact, these vulnerabilities are the exact reasons why many legal rules are in place to ensure owners and operators take common sense steps to keep those using the water safe.
If you or someone you know is ever harmed in a swimming accident in a drowning or near-drowning, it is critical to seek out legal help and ensure there is full accountability. The Dallas drowning attorney at our firm has extensive experience in these cases and is able to help ensure your rights are protected to the fullest extent and those contributing to an accident are required to make changes to keep others safe in the future.