A lazy afternoon floating the San Marcos, Guadalupe, or Comal River is a Texas summer tradition, but the relaxed atmosphere on the water can mask real danger. Submerged obstacles, strong currents, overcrowded waterways, and reckless boaters turn what should be a peaceful outing into a situation where serious injuries occur far too often.
At Byrd Davis Alden & Henrichson, LLP, we have spent over 65 years handling complex personal injury cases across Texas, including claims arising from recreational water accidents. Our Board Certified trial attorneys understand the overlapping layers of liability that river accidents involve, and we have the experience to identify every responsible party while pursuing full compensation on your behalf.
Who Can Be Held Liable for a Kayaking or Tubing Accident
Recreational water accidents rarely have a single cause, and Texas law allows injured victims to pursue claims against multiple parties whose negligence contributed to the incident. Paddle sports such as kayaking, canoeing, and stand-up paddleboarding account for roughly 6 percent of reported boating incidents in Texas but 32 percent of fatalities, according to the Texas Parks and Wildlife Department. Operator inexperience and inattention rank among the top contributing factors in these incidents statewide. When a commercial outfitter, property owner, or fellow boater causes your injuries through negligence, you may have a valid personal injury claim.
Outfitters and Rental Companies
Commercial tubing and kayaking outfitters owe their customers a duty of care that includes providing properly maintained equipment, issuing safety instructions, warning of known hazards on the waterway, and staffing adequate personnel to monitor conditions. When a rental company hands you a cracked kayak, a deflated tube, or a life jacket with broken buckles, and you are injured as a result, that company can be held liable for your damages.
Property Owners and Government Entities
Landowners who allow public access to rivers, lakes, or swimming areas on their property may be liable if they fail to warn visitors about hidden dangers such as submerged rocks, sudden drop-offs, or dangerous currents. Government entities that manage public waterways can also bear responsibility when they neglect to maintain safe conditions or address known hazards.
Other Boaters and Negligent Individuals
Motorboat operators who speed through areas crowded with kayakers and tubers create serious wake and collision risks. Intoxicated boaters are especially dangerous, and Texas law imposes real consequences for operating a vessel under the influence. In cases where alcohol served at a riverside establishment contributed to the accident, dram shop liability may apply. Our attorneys also pursue claims involving defective watercraft and equipment when a manufacturing or design flaw caused or worsened the accident.
Injuries Common in River and Lake Accidents
Water-related recreational accidents produce a wide range of injuries, many of which are far more serious than people expect from an activity they assumed was low-risk. The types of injuries we frequently see in these cases include the following.
- Drowning and near-drowning: Oxygen deprivation during submersion can cause permanent brain damage, organ failure, and death, particularly when victims are not wearing personal flotation devices.
- Traumatic brain injuries: Striking submerged rocks, bridge pilings, or other fixed objects can cause concussions and severe head trauma, especially in shallow or fast-moving water.
- Spinal cord injuries: High-impact collisions with obstacles or other watercraft can fracture vertebrae and cause partial or complete paralysis.
- Lacerations and broken bones: Jagged rocks, metal debris, and collisions with other vessels produce deep cuts, compound fractures, and crush injuries that require emergency medical care.
Each of these injuries carries significant medical costs and long-term consequences that deserve full compensation under Texas law. When a water accident results in a fatality, surviving family members may pursue a wrongful death claim to recover damages for their loss.
Contact Byrd Davis Alden & Henrichson, LLP
If you or someone you love was injured during a kayaking, tubing, or other recreational water outing in Texas, do not hesitate to look into what caused it. Someone’s negligence may have directly contributed to your harm, and you deserve a legal team that knows how to investigate water-related incidents and hold the right parties accountable. With over $100 million recovered and recognition from U.S. News & World Report as one of the Best Law Firms in the country, our firm has the resources to take on outfitters, property owners, and insurance companies alike.
Contact us today for a free consultation. We handle every case on a contingency fee basis, so you pay nothing unless we win. Let our trial-tested attorneys at Byrd Davis Alden & Henrichson, LLP evaluate your case and fight for the compensation your family deserves.
