Understanding Premises Liability and Legal Rights After Drowning or Pool Accidents in Texas

Summer in Texas means hot weather, sunny skies, and a nearly religious devotion to water activities. From beaches to pools, cooling off is essential—but it comes with serious risks.

July consistently sees the highest number of drowning incidents in Texas. Before heading out for a swim with family or friends, it’s crucial to understand the risks you may face—and what legal options you have if a tragedy occurs.

This blog explains drowning warning signs, where accidents most often happen, and when property owners can be held legally responsible.

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If you or a loved one has suffered a drowning incident caused by someone else’s negligence, Carabin Shaw offers free case evaluations to help you understand your legal options at 800-862-1260.

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Warning Signs of Drowning and High-Risk Locations

Drowning can happen in seconds and often looks nothing like the dramatic scenes depicted in movies. According to the U.S. Consumer Product Safety Commission (CPSC), an estimated 6,500 children under 15 were treated in emergency rooms between 2021 and 2023 for nonfatal pool or spa drowning injuries.

Children under 14 are especially vulnerable in Texas. Beyond fatalities, near-drowning can cause permanent disabilities affecting daily life.

Watch for these warning signs of drowning:

• Struggling or gasping to breathe

• Glassy or closed eyes

• Appearing to “climb an invisible ladder”

• Head tilted back with mouth open

• Bobbing vertically in the water without moving forward

• Mouth at water level, head dipping below the surface

• Silence instead of shouting or splashing

High-risk places include:

• Beaches

• Hotel pools

• Water and amusement parks

• Private residential pools

• Summer camps

Active supervision is critical, especially for children. However, businesses and property owners also have a legal duty to keep guests safe. When that duty is neglected, injuries or fatalities can result—and families may have the right to pursue legal action.

When Can Families Sue for a Drowning Accident?

Under Texas premises liability law, property owners are responsible for maintaining safe conditions for guests. If a property owner’s negligence leads to a drowning incident, they may be legally liable for damages.

Examples of negligence can include:

• Lack of fencing, gates, or other barriers around pools

• No lifeguards on duty, or lifeguards who are inadequately trained

• Broken or poorly maintained pool equipment

• Lack of posted warning signs about water depth or hazards

For children, Texas also recognizes the Attractive Nuisance Doctrine, which holds property owners accountable even if a child trespasses, if the property owner fails to secure dangerous conditions like an unfenced pool.

Businesses and individuals alike—hotels, amusement parks, private homeowners—must provide safe premises. If they fail, they can be held liable for any injuries or deaths resulting from their negligence.

Parents can help reduce risks by ensuring children have strong swimming skills and understand water safety. However, property owners remain legally responsible for dangerous conditions on their premises.

Injured in a Drowning Incident? Call Shaw.

Don’t avoid the water this summer out of fear—but know your rights.

If you or a loved one has been injured in a drowning incident caused by someone else’s negligence anywhere in Texas, you may be entitled to compensation for:

• Ambulance Costs

• ER Treatment

• Surgeries

• Medical Bills

• Pain and Suffering

• Property Damage

• Lost Wages

• Wrongful Death

• And more

We’ll help you find out if you have a case—for free.

Call Shaw today at 800-862-1260 or use the live chat to schedule your free case evaluation with one of our drowning accident attorneys in Texas. There are no fees or obligations—just the expert legal guidance you need, when you need it the most.

Carabin Shaw has been a trusted name in Texas for over 32 years because we put our clients first.

We look forward to serving you.