At O’Hare and Koch Law Firm, we understand how quickly an afternoon at the pool can turn into a life-altering event. We’ve spent over 25 years helping Texas families recover from some of the most devastating incidents, including catastrophic pool-related injuries like traumatic brain injuries (TBIs), spinal cord injuries, and even paralysis.
These aren’t just rare worst-case scenarios. They’re real, serious injuries that happen far too often—and they change lives forever. If you or someone you love has suffered a serious injury in a pool accident, knowing who’s liable under Texas law is key to getting the compensation you need for medical care, rehabilitation, and recovery. Our Carrollton swimming pool accident lawyers provide this article to help you understand what’s at stake after a serious pool injury—and how to protect your rights.
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Pools Are Fun But the Risks Are Real.
Texas is among the top states for fatal and non-fatal drownings, especially among children. But drowning isn’t the only danger. Pool environments can lead to a range of catastrophic injuries, including:
- Traumatic Brain Injuries (TBIs) from diving into shallow water or slip-and-fall accidents
- Spinal Cord Injuries resulting in paralysis (quadriplegia or paraplegia)
- Burn injuries from faulty pool heaters or chemical mishandling
- Orthopedic injuries or amputations caused by entrapment in pool drains
According to the CDC, drowning is the leading cause of injury death for children ages 1–4, and more than 6,000 children are hospitalized each year for nonfatal drowning injuries. These near-drownings often lead to permanent brain damage
Diving-related accidents are one of the leading causes of spinal cord injuries in recreational settings, especially among young males. A study published in Emergency Medicine International found that over 56% of patients with spinal trauma from diving into shallow water sustained neurological deficits, most commonly involving the C5 and C6 vertebrae.
These injuries are not only traumatic; they’re often permanent. Many victims required emergency surgery and now face lifelong disabilities, accompanied by millions of dollars in medical care, rehabilitation, and adaptive living needs. According to the National Spinal Cord Injury Statistical Center, the first-year cost of living with high tetraplegia can exceed $1 million, with substantial costs every year after.
Who’s Liable for a Swimming Pool Injury in Texas?
Texas law places responsibility on those who control or maintain property, especially when it involves hazards like swimming pools. Liability typically falls under premises liability, which means pool owners may be legally responsible if someone is hurt due to unsafe conditions.
1. Private Homeowners
Homeowners across Texas owe guests a duty of care. That includes:
- Installing proper fencing, gates, and pool covers
- Warning about shallow water and other risks
- Supervising children and vulnerable guests
- Fixing known hazards (e.g., broken ladders or slippery tiles)
If a guest suffers a traumatic brain or spinal injury from diving into unmarked shallow water—or a child becomes entrapped in a faulty drain, causing a near-drowning and long-term cognitive damage—the homeowner may be held liable.
2. Apartment Complexes, HOAs, and Hotels
Pool facilities owned or managed by third parties carry even more responsibility. They must:
- Maintain safe water chemical levels and heating systems
- Repair broken tiles, steps, ladders, or deck surfaces
- Ensure safety signage is clear and accurate
- Staff and train lifeguards when required
Neglect at this level can lead to tragic consequences. In two of our firm’s larger cases, clients suffered quadriplegia from unsafe pool conditions—both cases resulting in multi-million-dollar settlements. These injuries not only changed their lives physically but created overwhelming financial burdens for families. We made sure they didn’t face it alone.
3. Public Pools and City Facilities
Government pools must meet high safety standards, including ADA compliance, routine maintenance, and staff training. While municipal liability has limitations under Texas law, cities can still be held accountable if the injury falls under specific exceptions, such as those related to dangerous conditions on public property or gross negligence.
Can Waivers or “Swim at Your Own Risk” Signs Prevent a Claim?
These warnings do not protect negligent parties from liability—especially in cases involving catastrophic injuries. If a pool owner ignored broken safety equipment, failed to post depth markers, or didn’t monitor hazardous conditions, they can still be held responsible, regardless of any waiver or sign.
Why Choose O’Hare and Koch Law Firm?
We’re not just personal injury attorneys—we’re advocates for families who’ve been blindsided by devastating events. Our firm brings:
- Over 25 years of experience handling complex, high-value injury claims
- An expert team of personal injury lawyers conveniently located in Dallas and Carrollton
- Recognition by Texas Super Lawyers, Avvo, and D Magazine
- Millions recovered in catastrophic pool injury cases, including spinal cord damage and paralysis
- A no-win, no-fee promise—you pay nothing unless we win
We address everything: medical bills, insurance battles, lost income claims, and long-term care planning. Our approach combines tenacity and compassion, every step of the way.
Results We Get for Our Clients in Swimming Pool Injury Cases
At O’Hare and Koch Law Firm, we’ve recovered millions for clients who suffered catastrophic injuries in swimming pool accidents—because justice shouldn’t depend on luck, it should depend on legal experience.
- $42.8 million judgment – DRAM Shop/Pool Injury resulting in quadriplegia
- $2.45 million settlement – Product liability case involving a pool-related spinal cord injury
- $500,000 settlement – Premises liability pool injury causing permanent paralysis
These aren’t just numbers—they represent real lives changed by serious, preventable harm. If you or someone you love has suffered a life-altering swimming pool injury, we’re here to hold those responsible accountable and fight to secure the compensation you deserve.
Hurt in a Catastrophic Pool Injury? Take Action Now.
If you or your loved one has suffered a catastrophic swimming pool injury, it’s critical to act fast. When that injury is catastrophic—like paralysis, brain trauma, or a life-threatening burn—you need a personal injury law firm that’s been there before and knows how to fight.
Call us at 972.960.0000 or visit our Carrollton or Dallas office to schedule your free consultation. Let us help you pursue justice and rebuild what was lost.
