Who’s Liable for a Drowning Accident? Understanding Premises Liability 

Texas summers bring scorching heat, and along with it, families naturally seek relief in pools, lakes, rivers, and splash pads. In and around Temple, places like Hawaiian Falls Waterpark, Belton Lake, Stillhouse Hallows Lake, and Sammons Park Indoor Pool near Lake Polk are favorite cooling-off destinations. While many of these outings are joyful, in a split second, an unattended child or a poorly secured pool can lead to tragedy. When a drowning occurs, premises liability often determines legal accountability.   

 

Losing a loved one, or especially a child, to drowning is an unimaginable loss. The grief, guilt, and shock can feel unbearable. We know that one moment of distraction should never result in tragedy. At Scanes Yelverton Talbert, we recognize how deeply drowning incidents shatter families. You deserve answers, compassion, and accountability during this painful time. 

 

What Is Premises Liability and How Does It Apply to Drowning Incidents? 

Premises liability is a legal doctrine that holds property owners responsible for dangerous conditions or negligent maintenance on their land. In drowning cases, liability may arise if: 

 

• A pool is unfenced, or the gates are broken, allowing unsupervised access. 
• Lifeguards are absent, understaffed, or untrained. 
• There are defective drains, broken safety covers, or slippery surfaces. 
• Warning signs or depth markers are missing. 
• A pool owner fails to secure property against child trespass under the attractive nuisance doctrine, which requires higher care for hazardous features attractive to children.   

 

Property owners must take reasonable precautions to prevent foreseeable harm. When they don’t, and a preventable drowning occurs, they can be held legally accountable. 

 

Drowning Statistics in Texas 

According to the Texas Department of Family and Protective Services, in 2024, there were 103 fatal child drownings in Texas for children aged 17 and under. Non-fatal drowning injuries occurred at an estimated seven times the fatal rate, often leading to hospitalization and long-term impairments. Only 16% of fatal child drownings occurred under adult supervision, compared to 61% of non-fatal cases, highlighting the crucial role of vigilant care. These sobering numbers remind us that drowning is sudden, silent, and often preventable. 

 

Injuries & Long-Term Consequences of Drowning Incidents 

Even when a drowning victim survives, the aftermath can be life-altering and devastating. Survivors may suffer from brain damage caused by oxygen deprivation, spinal injuries that result in paralysis or loss of motor function, and emotional trauma such as PTSD, anxiety, or depression. These injuries often lead to a significantly reduced quality of life, loss of independence, and ongoing medical or therapeutic needs. The long-term consequences not only affect the survivor but can also place a heavy emotional and financial burden on their entire family for years to come. 

 

At SYT, we take a comprehensive approach to these cases. Our team thoroughly investigates what caused the incident. Just as importantly, we work closely with medical experts, life care planners, and financial professionals to understand the full scope of long-term damages. Our goal is to ensure that your family receives the compensation needed not only for current medical care, but for the future challenges that may arise, so you can focus on healing and rebuilding with the support you deserve. 

 

Damages You Can Recover After a Drowning or Near-Drowning Incident 

You may be eligible to recover damages after a drowning or near-drowning incident if someone else's negligence contributed to the accident. This could include a property owner failing to secure a pool, a lack of proper supervision, or unsafe conditions that should have been addressed. When negligence is present, Texas law allows families to seek compensation for a range of damages, including emergency medical care, hospitalization, surgeries, and long-term treatment. Additional recoverable costs may include rehabilitation, therapy, or assisted living support, as well as pain and suffering, emotional trauma, and lost wages or caregiver expenses. In the most heartbreaking cases involving a fatality, families can pursue wrongful death damages for funeral costs and loss of companionship. In instances of extreme negligence or gross misconduct, punitive damages may also be awarded to hold the responsible parties accountable and help prevent future tragedies. We can evaluate your case and help you determine whether you qualify for damages. 

 

Preventing Tragedy: Tips for a Safer Summer 

Summer should be a time for families to relax, cool off, and make lasting memories, not to worry about unexpected dangers. Unfortunately, water-related accidents can happen in an instant, especially when children are involved. That’s why it’s so important to take proactive steps to prevent drowning incidents and ensure everyone’s safety. 

   

Start by choosing swimming locations that prioritize safety. Look for places with secure fencing, self-locking gates, clearly posted rules, and trained lifeguards on duty. In private settings, such as backyard pools or neighborhood clubhouses, extra precautions are essential. Install proper fencing with child-proof locks, cover pools with safety nets or hard covers when not in use, and consider placing alarms on any doors or gates that provide access to water. These small steps can prevent unsupervised access, especially by curious toddlers and young children. 

   

Supervision is the most critical safety tool of all. Never leave children unattended around water, even for a few seconds. Floatation devices like water wings or inflatable rings can give a false sense of security; they are not a substitute for watchful eyes. Always have a designated adult whose only job is to watch the pool area, particularly during gatherings when distractions are high. 

   

Learning CPR is another life-saving measure every pool-owning family should consider. In the event of an emergency, knowing how to respond quickly before help arrives can make the difference between recovery and tragedy. It’s also smart to keep a fully charged phone poolside in case emergency services need to be called. 

   

Another often overlooked danger is pool drains. Make sure pool drains and suction outlets meet safety standards and are adequately covered to avoid the risk of entrapment, which can cause serious injury or even death. Regularly inspect your pool equipment to ensure everything is functioning correctly. 

   

At Scanes Yelverton Talbert, our mission goes beyond legal advocacy; we care deeply about preventing tragedies before they happen. By raising awareness and encouraging families and property owners to take simple, life-saving precautions, we hope to create a safer summer for every child and every family in our community. 

 

Justice for Families Affected by Negligence Starts Here 

Tragedies around water are heartbreaking, and all too often, they are preventable. When proper safety measures are ignored, what should be a place of joy and relaxation can quickly become the site of unimaginable loss. Whether it’s a private backyard pool, an apartment complex, or a public facility, property owners in Texas have a legal duty to maintain safe conditions, especially when children are involved. 

 

At Scanes Yelverton Talbert, we understand that no legal outcome can ever undo the pain of your loss. But we also know that holding negligent parties accountable can bring answers, justice, and in many cases, help prevent future tragedies. Our attorneys are experienced in handling sensitive cases involving child injury and wrongful death, and we approach every case with deep compassion, personalized attention, and unwavering commitment. 

 

Ready to Speak with Someone Who Cares? 

If you're considering legal action after a drowning or pool-related injury in Temple, Texas, reach out to Scanes Yelverton Talbert for a free, no-obligation case review. We will help you determine the best path forward. Let us stand by your side with the care, experience, and proven advocacy your family deserves.