Texas Drowning Accident Lawyers 

Pursuing Justice After Drowning and Near Drowning Accidents in Texas

Drowning accidents are tragic events that can forever change lives. If you or someone you love suffered harm in a near-drowning event or if you lost a loved one in a drowning accident, you may have options to take legal action and pursue a financial recovery of your damages.

At Hilliard Law, we’ve cultivated a reputation for helping victims following all types of preventable accidents. Our trial lawyers are backed by decades of experience and have the resources to help folks and families fight back against insurance companies for the compensation they deserve.

Our Texas drowning accident attorneys serve victims statewide, offer FREE consultations, and only collect a fee if we win. Call (361) 882-1612 or contact us online to speak with a lawyer.

Drowning & Near-Drowning Events

Our team at Hilliard Law handles all types of injury claims arising from water-related accidents, including both drowning and near-drowning events. 

• Drowning. Drowning is an event where a person suffocates due to submersion in water. It leads to a lack of oxygen and, when not immediately treated, results in death. Drowning deaths are tragic and unexpected losses, and they can have significant emotional and financial repercussions for families. 
• Near-Drowning. Non-fatal drowning events, which occur when a person is submerged in water and nearly suffocates but survives, are generally referred to as near-drownings. Survivors of near-drowning often face severe long-term health issues, including brain damage, respiratory problems, and physical disabilities. These conditions can require extensive and costly medical care, rehabilitation, and lifelong support.

Common Types of Drowning Accidents

Drownings and near-drowning events are possible wherever there is water. Some of the most common accidents involve:

• Swimming Pools. Many drowning accidents occur in home pools, often involving children who gain unsupervised access. Public pools and water parks can also be hazardous, especially if they are overcrowded, inadequately supervised, or poorly maintained.
• Natural Water Bodies. Lakes, rivers, and beaches pose drowning risks for various reasons, including varying depths, currents, hidden obstacles, and other hazards. These risks can be exacerbated when there is inadequate supervision, a lack of warnings, or inadequate safety procedures in place.
• Boating and Personal Watercraft. Accidents involving boats, jet skis, and other personal watercraft pose considerable drowning risks due to high speeds, collisions, and resulting injuries. These risks are magnified when operators are inexperienced, negligent, or fail to provide proper safety equipment. 
• Work-Related Drowning. Workers in occupations that require them to work near or in water bodies can face drowning risks. This includes construction workers who work on structures like bridges or docks and oil rig or maritime workers.  

Common Causes of Drowning Accidents

Drowning accidents can occur due to various reasons, including:

• Lack of Supervision. Children or adults who are not strong swimmers are at high risk when left unsupervised around water. If a lifeguard at a public pool is inattentive, or if a homeowner fails to supervise guests at a pool party, they may be liable for injuries. 
• Defective Pool Equipment. Malfunctioning pool drains, defective life-saving equipment, or faulty pool alarms can lead to accidents. If a defective product leads to preventable injuries or death, manufacturers and installers may be liable. 
• Poorly Maintained Pools or Beaches. Inadequate maintenance can create hazardous conditions such as slippery surfaces, broken fences, or unsafe water quality. Property owners and operators have a duty to maintain safe conditions, and they may be liable when swimmers suffer preventable harm, depending on the circumstances. 
• Alcohol Use. Alcohol impairs judgment and swimming ability, significantly increasing the risk of drowning. Establishments serving alcohol near water or hosts of parties where alcohol is consumed may be held responsible.
• Boating Accidents. Operator negligence, operator intoxication, lack of life jackets, or mechanical failures can cause accidents on the water. Depending on the circumstances, operators, manufacturers, and other parties may be liable for resulting injuries. 
• Lack of Safety Barriers. Fences, gates, and alarms are critical in preventing unsupervised access to water, especially for children. Property owners who fail to install and maintain adequate safety barriers may bear liability for resulting injuries.
• Inadequate Signage or Warnings. Proper signs and warnings are essential in areas with known hazards, such as strong currents or deep water. Failures to provide adequate warnings can be grounds for liability. 

How to Prove Liability in Drowning Accidents

Determining liability in drowning accidents is crucial for seeking compensation. Various parties can be held responsible, including:

• Property Owners: Property owners have a duty to maintain safe conditions and provide adequate barriers and warnings, and they can be held responsible in premises liability claims for failures to take reasonable measures for addressing safety on their land. 
• Product Manufacturers: If defective equipment contributed to the accident, the manufacturer could be liable.
• Operators of Recreational Facilities: Operators of water parks, recreational lakes, and other recreational facilities must ensure proper staffing, supervision, and safety protocols.
• Employers: Employers are ultimately responsible for providing a safe working environment and necessary safety training for workers, especially when work is performed near water. 

Legal Recourse for Victims and Families

Victims who have been injured in near-drowning accidents, as well as families who have lost ones to drowning, may have options for pursuing justice and compensation. This includes:

• Personal Injury Claims. Personal injury claims are filed by individuals who have suffered injuries in drowning accidents. They aim to recover damages for medical expenses, lost wages, and pain and suffering and require victims to prove that the accident was caused by someone else's negligence. This involves proving that the responsible party had a duty of care, breached that duty, and directly caused the injury as a result. Evidence such as medical records, witness statements, and expert testimony can be crucial.
• Wrongful Death Claims. Wrongful death claims are filed by the families of decedents. These claims seek compensation for funeral expenses, loss of companionship, emotional distress, and other related damages. To succeed in a wrongful death claim, families must show that the death was due to negligence or the wrongful actions of another party. This includes establishing that the defendant owed a duty of care to the deceased, breached that duty, and caused the death as a result. Evidence may include accident reports, expert analysis, and testimonies from those who witnessed the incident.

What Compensation and Damages Are Available After a Drowning Accident?

Victims and their families may be eligible for various types of compensation, including:

• Medical Expenses: Covers emergency care, hospitalization, and ongoing medical treatments.
• Lost Wages: Compensation for the income lost due to the victim’s inability to work.
• Pain and Suffering: Monetary compensation for physical and emotional distress.
• Emotional Distress: Addresses the psychological impact on the victim and their family.
• Rehabilitation Costs: Includes physical therapy and other rehabilitation services needed for recovery.
• Punitive Damages: In cases of gross negligence, additional compensation may be awarded to punish the responsible party.

Examples of Our Results

Hilliard Law has secured record-setting recoveries and millions of dollars in compensation for clients in claims involving premises liability, child injuries, defective products, and other matters of personal injury law. Some examples or our results include:

• $33 million verdict for the family of a child who suffered a severe brain injury when he was struck by a golf cart that tipped over. 
• $18 million verdict against a trucking company that failed to properly train and provide safety equipment to an employee who died after falling through a roof. This was the largest wrongful death verdict in a premises liability case in San Patricio County history. 
• $2 million settlement with a child daycare center over an alleged failure to render lifesaving aid to a child in distress.  

Contact Our Texas Drowning Accident Attorney Today

If you or someone you love were harmed in a drowning or near-drowning accident that could have been prevented, our attorneys at Hilliard Law are available to discuss your legal options and what we can do to help. 

To request a FREE consultation with a Texas drowning accident lawyer from our firm, call (361) 882-1612 or complete an online form.