A trip to a waterpark or public pool is supposed to be one of summer’s great pleasures, but for too many Texans, it ends in a serious injury instead. When a business or government entity invites the public onto their property, they take on a legal obligation to keep that property reasonably safe. If they fail, and someone gets hurt, the law may hold them accountable.
At Byrd Davis Alden & Henrichson, LLP, we have spent more than six decades fighting for injury victims across Austin and central Texas. Our attorneys, Kevin Henrichson, Robert Alden, Hunter Wallen, and Carson May, understand the toll these accidents take, and we are here to help you pursue the compensation you deserve. If you or someone in your family was hurt at a waterpark or public pool, understanding premises liability is the first step.
Who Is Legally Responsible for Waterpark and Pool Injuries?
In Texas, the answer depends on the relationship between the injured person and the property owner or operator. Most guests at a waterpark or public pool are classified as invitees, meaning the facility invited them onto the property for a business or public purpose. Property owners owe invitees the highest duty of care under Texas law.
That duty requires the operator to regularly inspect the property, fix known hazards, and warn guests of dangers they cannot easily detect. A slippery pool deck with no warning sign, a broken water slide with a sharp edge, or a missing drain cover can all give rise to a premises liability claim.
What Are Common Causes of Injuries at Texas Waterparks and Pools?
Aquatic venues present a range of hazards that operators must manage. The CDC reports that non-fatal drowning sends thousands of people to receive emergency care each year in the United States, a figure that does not even account for the many other non-drowning injuries at pools and waterparks.
Some of the most frequently seen causes of injury at these facilities include the following.
- Inadequate lifeguard supervision: Too few lifeguards, inattentive staff, or inadequately trained lifeguards create dangerous conditions for swimmers of all ages.
- Defective or poorly maintained equipment: Water slides, diving boards, pool ladders, and drain covers all require regular inspection. A malfunctioning ride or a loose component can cause serious injuries in seconds.
- Slippery walking surfaces: Pool decks, locker room floors, and stairways should have slip-resistant surfaces. When operators ignore wear and tear or spills, falls become far more likely.
- Inadequate fencing or barriers: Unsecured access points can allow young children to enter pool areas without supervision.
- Contaminated water: Operators are responsible for maintaining safe water quality. Chemical imbalances or improper filtration can cause eye injuries, respiratory problems, and infections.
When one of these hazards causes an injury, the facility’s failure to prevent it is often the foundation of a legal claim.
How Does Texas Premises Liability Law Apply to These Cases?
Texas law requires injured guests to prove several things to succeed on a premises liability claim. First, you must show the dangerous condition existed. Second, you must demonstrate the operator knew or should have known about it through reasonable inspection. Third, you must show they failed to address it or provide adequate warning.
Waterpark and pool injury cases frequently involve questions about how long a hazard existed and whether employees had any knowledge of it. Incident reports, surveillance footage, maintenance logs, and employee testimony can all be critical evidence. Building a strong case requires acting quickly, because evidence can disappear and memories fade fast.
What Should You Do After a Waterpark or Pool Injury?
How you respond in the days following an injury at an aquatic facility can affect your case. The most important step is to document everything you can. Report the incident to facility management, request a copy of the incident report, photograph the hazard if you are able, and get the names of any witnesses.
You should also seek medical attention right away, even if your injuries seem minor at first. Some injuries, including those involving the head and neck, are not immediately obvious. Getting prompt care creates a medical record that connects your injuries to the incident. When a child injury is involved, the stakes are especially high, and having thorough documentation from the beginning is critical.
What Damages Can Injury Victims Recover?
Victims of waterpark and public pool injuries may be entitled to recover a wide range of damages depending on the circumstances of their case. These can include past and future medical expenses, lost wages, and compensation for pain and suffering. In the most devastating situations, where a life has been lost, families may have grounds for a wrongful death claim.
Texas also has a comparative fault system, meaning that if the injured person is found to share some responsibility for the accident, their compensation may be reduced proportionally. This is one reason how a case is investigated and presented matters enormously. If a slip and fall contributed to the harm, that too must be documented and argued effectively.
Injured? Contact Byrd Davis Alden & Henrichson, LLP Now
If you were hurt at a Texas waterpark or public pool, the time to act is now. Byrd Davis Alden & Henrichson, LLP has been representing seriously injured Texans since 1959, and we take on only the cases we believe in, which means every client receives the full attention of our team. Kevin Henrichson, Robert Alden, Hunter Wallen, and Carson May are board-certified attorneys recognized by Super Lawyers, Best Lawyers in America, and the Bar Register of Preeminent Lawyers.
We do not advertise on television because we are not a volume practice. We represent clients who have been seriously injured and need lawyers with serious experience. If your case involves a public pool, a commercial waterpark, or any other property where negligence caused harm, we want to hear from you. Fill out our contact form to schedule a free consultation today.
