Lifeguard Negligence in Houston

Seeing a lifeguard at your favorite swimming hole should be a comforting thing. Whether you are at a pool or have headed over to the coast for some beach time, lifeguards owe you a duty of care if they are present. Even if they are not present, there is a chance they should have been, meaning a property owner or operator may also be negligent if an injury occurs. At The Doan Law Firm, PLLC, we understand lifeguard negligence, and our drowning accident lawyer in Houston can help.

Common Injuries Caused By Negligent Lifeguarding

Lifeguards play a vital role in ensuring the safety of swimmers in many areas in and around Houston. However, negligent lifeguarding can lead to serious injuries. The most common injuries resulting from lifeguard negligence include:

1. Drowning and near-drowning incidents. Drowning is the most severe outcome of lifeguard negligence. Near-drowning incidents can also lead to severe brain damage because of a prolonged lack of oxygen.
2. Spinal injuries. Swimmers diving into shallow water or being improperly handled during a rescue can suffer spinal injuries, leading to paralysis or other long-term disabilities.
3. Head injuries. Slips, falls, and collisions with pool structures can result in concussions or traumatic brain injuries, especially if lifeguards fail to enforce safety rules or properly monitor the swimming area.
4. Cuts and abrasions. Swimmers can get cuts and abrasions from rough pool surfaces or sharp objects in the water, which might go unnoticed due to inattentive lifeguarding.
5. Secondary drowning. This occurs when water enters the lungs, leading to respiratory issues hours after the initial incident. Lifeguards need to recognize and respond to these symptoms promptly.

Can You Recover Compensation?

If an injury did indeed occur due to the negligent actions of a lifeguard or property owner, victims or their families may be able to recover compensation for their losses. Generally, our team strives to recover both economic and non-economic damages after lifeguard negligence occurs in the Houston area. This includes, but is not limited to, the following:

• Coverage of any medical expenses arising due to the drowning or near-drowning incident
• Compensation for lost current and future if a victim is unable to work while recovering
• Physical and emotional pain and suffering damages
• Out-of-pocket expenses a victim or family experiences due to the recovery process

In situations where someone loses their life due to the negligent actions of a lifeguard, family members may need to file a Houston wrongful death claim in civil court against the alleged negligent party or parties.

Establishing Liability After an Injury Happens

One of the most challenging aspects of a personal injury claim involving lifeguard negligence evolves around establishing negligence. Establishing liability in cases of lifeguard negligence involves several key steps:

1. Duty of care. Lifeguards have a legal duty to ensure the safety of swimmers by adhering to established safety protocols and being vigilant while on duty.
2. Breach of duty. To establish negligence, it must be shown that the lifeguard breached this duty of care. This could involve failing to monitor the pool, neglecting to enforce safety rules, or being absent from their post.
3. Causation. It must be proven that the breach of duty directly caused the injury. For example, if a lifeguard’s inattention resulted in a swimmer drowning, this breach is directly linked to the injury.
4. Damages. The injured party must demonstrate that they suffered actual harm due to the lifeguard’s negligence. This can include physical injuries, emotional distress, and financial losses from medical expenses and lost wages.

In Houston, lifeguard negligence cases often rely on witness testimonies, surveillance footage, and expert analysis to establish these elements. A skilled drowning accident attorney in Texas can help victims and families determine what steps they should take next. You can reach out for a free consultation by filling out our contact form or calling (866) 304-3263 today.