Pool accidents involving children are terrifying. While you and your family were hoping for a few hours of fun at your apartment complex pool, something went wrong. In those first hours, days and weeks after it happens, what you do can affect both your child’s recovery and your ability to hold the apartment accountable if unsafe conditions contributed to the incident.
If this happened to your family in Dallas, Carrollton, or anywhere in North Texas, you need to understand something: most of the time, it’s not just bad luck.
Texas Law Says Your Apartment Has Specific Responsibilities
Your apartment complex is legally required to maintain safe pool conditions. This isn’t discretionary; it’s state law.
That means specific things. Under Texas Health and Safety Code § 757.004, gates must be self-closing and self-latching, with the latch positioned at a height designed to prevent children from accessing the release mechanism.
Beyond the gate, they’re supposed to have:
- Clear signage showing water depth and safety rules
- Working lights around the pool, especially after dark
- Life rings, rescue hooks, and working equipment
- A clean deck without hazards
- Rules about supervision and access
When apartments skip these or don’t install them correctly, they’re breaking the law. And when a child gets hurt because of that negligence, they may be liable under Texas premises liability law.
Here’s How They Get Away With It
Most North Texas apartments fall short on one or more safety standards. Some failures are obvious: gates that don’t close properly, broken locks, missing or faded signage, inadequate lighting. Others are systematic — no supervision policies, no visible safety equipment, or maintenance issues that go unaddressed.
Investigations into drowning accidents at apartment complexes consistently find preventable problems: gates propped open, broken latches, or inadequate fencing. These violations can result in serious legal consequences for property owners.
The common thread is that apartment management is aware of these requirements and the risks they present. When safety measures are deferred or neglected to cut costs, and a child is injured as a result, the apartment may be held liable for negligence.
What Matters Now
If you’re reading this, the accident has probably already happened. What matters now is what you do moving forward.
1. Get Your Child Medical Care (If You Haven’t Already)
If your child hasn’t been evaluated by a doctor, that’s the first step. Even if the accident was days ago and your child seems fine. Complications from submersion in water can develop over hours or days. Water in the lungs causes swelling that can gradually block oxygen. A doctor needs to clear your child and you need those medical records on file for your case.
2. Report It to Management (In Writing)
Call the leasing office and report what happened. Then send an email with the details: date, time, location, and who you spoke with. Keep copies of all correspondence.
This creates a documented timeline that’s important for your case later.
3. Talk to a Personal Injury Lawyer
If you haven’t already, contact a personal injury attorney who handles pool accidents in Texas. An experienced lawyer can determine whether you have a case, investigate what went wrong, and handle communications with the apartment’s insurance company. Most pool accident attorneys work on a contingency basis — you don’t pay anything unless your case is successful. This means you won’t pay legal bills while they are building your case.
Don’t let cost concerns keep you from calling. You have nothing to lose by talking to a lawyer about what happened.
4. Document the Pool Area
Photograph and video the pool area before anything is repaired or altered. Your photos and videos should include:
- The gate — whether it’s locked, whether it closes properly, any visible damage to the latch or mechanism
- Warning signs, depth markers, and pool rules — or note if any are missing or faded
- Lighting conditions, particularly if the incident occurred at dusk or after dark
- The pool deck surface — any cracks, hazards, slippery areas, or broken equipment
- Any broken or non-functional safety equipment
5. Get Names of Witnesses
Find out if anyone else was at the pool and saw what happened. Get their names and phone numbers including other residents, parents, or anyone present.
Witness accounts are valuable early on. Memories fade and people move away. Document them while they’re fresh.
6. Don’t Talk to Insurance Yet
The apartment’s insurance company will likely contact you within days, possibly with a settlement offer. Don’t accept it or sign anything without consulting a lawyer first. Early settlements typically undervalue cases. An attorney can evaluate what your case is actually worth and negotiate on your behalf.
How O’Hare and Koch Law Firm Can Help
If your child was injured in a pool accident at a Dallas or Carrollton apartment complex, O’Hare and Koch Law Firm with over 25 years of experience handling personal injury cases can investigate what went wrong. We handle premises liability cases throughout North Texas, working with families to hold negligent property owners accountable.
We work on a contingency fee basis — you don’t pay unless we win your case. Contact us at 972-960-0000 for a free consultation.
