Water Related Injury and Accidents under Texas Law

Water related accidents claim the lives of children and adults alike. Even if the accident is not fatal, injuries from water related accidents are often serious.

Public pool and spa facilities are required by law to adhere to numerous regulations that ensure the safety of it's guests. These safety regulations include protective fences and gating, easy exit pool ladders, proper lighting and the presence of lifeguards. Failure to properly maintain and implement safety guidelines can result in tragic consequences for which the owner and/or property managers may be held liable.

Safety measures are often in place to protect children who are naturally attracted to water in a swimming pool. Most businesses with public access to these types of amenities must have trained lifeguards on duty. Failure to provide properly trained personnel to protect against accidental drowning or injury may lead to liability under Texas law.

While water parks are popular attractions, especially during the summer time, maintenance of all of the rides can be complex and require costly ongoing expense to the theme park owners and operators. In order to maximize profitability it is sometimes tempting for these owners to minimize maintenance costs, leading to disastrous consequences. Such rides must be properly built, maintained and inspected regularly. They must also be properly supervised by trained personnel.

Apartment complexes are subject to safety regulations regarding swimming pools and hot tubs that are available for residents and guests. Likewise, hotels and motels must construct their swimming pool and jacuzzi areas to meet safety standards. These areas must also be properly maintained and supervised, including proper placement of warning signs, self latching gates and so on.

Homeowners with swimming pools must also take proper precautions prevent accidental drowning of guests.

Operating a boat or other water vehicle, including personal watercraft such as jet skis etc., under the influence of alcohol is a crime. The Texas Parks and Wildlife Code requires any boat operator involved in a collision to stop and render aid as is reasonably practicable and necessary in order to further minimize any further danger. Texas law also requires that the boat operator give his name address and boat identification number in writing to any injured person in any owner of damaged property.

If you sustain injuries from a water related accident you may be able to seek restitution under Texas personal injury law including recovery of monetary damages for medical bills, lost earning potential, pain and suffering and more.

Water Related Accident (Accident) in Texas Law

Criminal Procedure

Accident+water*

pertaining to crime of violence

Health & Safety Code

Accident+water*

pertaining to natural disaster, protection of public water supply

Insurance Code (not codified)

Accident+water*

pertaining to accident insurance not applicable to waters of the ocean or its tributaries

Natural Resources Code

Accident+water*

pertaining to small spill education program

Parks and Wildlife Code

Accident+water*

pertaining to reporting procedures for enforcement officers, marine safety enforcement officer

Transportation Code

Accident+water*

pertaining to operation of a water craft involved in an accident, taking specimen, breath or blood test

Vernons Civil Statutes

Accident+water*

pertaining to exceptions, industrial accident board

Water Code

Accident+water*

pertaining to small business compliance assistance program, distribution of water during shortage, water supply, water conservation, accidental discharges and spills, wastewater

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John Q. Lawyer

Attorney at Law

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