If You’ve Been Injured in a Scaffolding Accident, Call Our Lawyers

Injuries resulting from on the job construction site falls are the most frequent causes of highly damaging and often traumatic occupation death. The dangers of falling from scaffolding are well known by those working in the construction industry, and falls from scaffolding are often the result of a number of factors.

Injuries from scaffolding fall accidents range in cause from defective hardware (such as the use of screws, or bolts improper for the load capacity being supported) or equipment, improper installation or operation of scaffolding equipment, failure to provide proper safety equipment, or improper to inadequate worker training.

If you have lost a loved one in a scaffolding accident, it is in your best interest to know your legal rights regarding compensation for their loss. The Scaffolding Accident Attorneys of our Law Office have been fighting for the rights of those needlessly killed in on the job construction scaffolding accidents, for over 20 years. We can help you determine your most beneficial legal avenue to compensation for funeral, medical, and financial hardship costs incurred as a result of the loss of your loved one. Our attorneys have helped thousands of Texans suffering from the needless death of their loved ones resulting from construction scaffolding accidents caused by negligence. An understanding of Workers’ Compensation Law is essential for determining your legal course of action in pursuit of compensation, and our Scaffolding Accident Attorneys of our Law Office stand ready to assist you.

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Scaffolding Injury Cases: The Potential for Multiple Party Liability

There exists a great potential for third party liability in cases of on the job deaths. With regard to construction scaffolding accident deaths, third parties that may be held liable for compensation for damages arising from a fatal accident may be as likely as a source of compensation for your damages, as the employer under whose responsibility your loved one was wrongfully killed. Liable third parties could include the manufacturer or installer of the scaffold, or the persons(s) responsible for the maintenance of the scaffolding equipment, the general contractor (GC), subcontractors having a physical presence on the job site, or other workers. According to Texas State Law, all companies, and individuals have a legal duty to provide a certain measure of safety, and owe a duty of no harm, to workers designated, or recognized by law as “general employees”. The deceased employee’s employer may also be held liable for damages arising from a fatal scaffolding accident, in addition to third parties. The complexities of pursuing compensation in the event of a fatal work-related injury require the service of an experienced professional legal counsel. Such counsel will be able to fully navigate the tumultuous backwaters of legal code, and case law to determine the most appropriate course of legal action relevant to your case, and will also be able to provide for you a means of protecting your legal right to seek compensation for damages sought. One of the first, and often most formidable obstacles to be assessed and analyzed in your pursuit of compensation for the death of your loved one is that of the Workers’ Compensation Insurance status of the deceased worker’s employer. The pursuit of compensation for the wrongful death of a loved one from an employer subscribing to Workers’ Compensation Insurance, will differ from cases of compensation sought from an employer who does not subscribe to Workers’ Compensation Insurance.

The Complexity of Workers’ Compensation Insurance
Essential to your legal pursuit of compensation is knowledge of the employer’s Workers’ Compensation Insurance status. As mentioned before, this will determine the legal routes by which you may legally pursue compensation for your financial and emotional losses. Your Scaffold Accident Death Attorney will best be able to assist you in determining this essential factor. In Texas, Workers’ Compensation Law has recently been reshaped to be of greater benefit to the employers who have opted to carry Workers’ Compensation Insurance. This has come about as a result of pressure placed upon the Texas Legislature by companies wishing to cap their liability for damages in the event of worker injuries and or fatalities. “Tort Reform”, as it has since been labeled reduces an employer’s liability for further damages sought by injured workers or the families of workers who have been killed on the job for employers who carry Workers’ Compensation Insurance (subscribers). However, do not be misled into believing that you are not legally entitled to sue for damages awarded under Workers’ Compensation simply because of this fact. Even in cases of fatal workplace accidents in which the employer is a subscriber, third parties exist, from whom compensation can be sought. On the other hand, Tort Reform/ Workers’ Compensation Insurance Law punishes employers who did not subscribe to Workers’ Compensation (non-subscribers) by not shielding them from damages sought by injured workers, and the families of workers wrongfully killed in on the job or work-related accidents. Lawsuits arising from the families of workers killed in work-related accidents often provide damages that exceed the customary amounts paid by Workers’ Compensation Insurance. Lawsuits against subscriber and non-subscriber employers are handled differently and involve their own resulting complexities.

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Workers’ Compensation Subscriber Lawsuits

Subscriber employers have the advantage of being shielded against further lawsuits from injured workers and the families of workers killed, and cannot be sued directly by an injured employee, or the family of a worker wrongfully killed on the job. However, if the family of a worker who has been wrongfully killed on the job can prove that the employer’s gross negligence played a crucial role in the death of their loved one, they may be eligible to pursue damages in addition to those awarded by Workers’ Compensation for their losses via a wrongful death lawsuit. Workers’ Compensation pays the worker of the family of a deceased worker a stated amount as compensation for their pain and suffering. However, this amount is usually insufficient to cover the costs incurred and often leave the grieving family without the financial means to recover sufficiently from their emotional and financial losses. Do not be fooled into believing that you are not entitled to take any further legal action to obtain compensation for your loss because the employer of your deceased loved one carried Workers’ Compensation insurance. It is often the case that third parties may also be liable for damages in the event of a fatal scaffolding accident. Your scaffolding accident attorney is more than capable of assisting you in determining a course of legal action most beneficial to the conditions of your case and will utilize his or her high level of experience and professional dedication to help you obtain the fair and just compensation you and your family deserve for your losses. For over twenty years, the scaffolding accident, and wrongful death attorneys of our Law Office have been helping Texas families protect their legal rights, hold those accountable for the deaths of their loved ones, recover damages for their losses.

Non-Subscriber Lawsuits
The families of workers wrongfully killed in scaffolding accidents may pursue damages under a wrongful death lawsuit and only need to prove the employer’s negligence as being the cause of the fatal accident. Facing the potential of unlimited liability in the event of a work-related scaffolding accident, non-subscriber employers often begin building a legal case against the injured or wrongfully killed worker long before any such incident occurs. These employers, along with the legal defense lawyers of any insurance company with whom they may have a policy, will go to incredible and often underhanded lengths to prove that the injured, or deceased worker was responsible for their own injuries, or death. Such tactics may include outright slander, attacks upon the character, work ethic, or mental capability of the worker, or the manipulation of eyewitness statements, or any statements, which do not favor their legal, or financial interests. Another tactic utilized by non-subscriber employers to avoid having to pay damages is the definition of a worker as a “contractor, temporary worker”, or any other than a “general employee”. This is a tactic based upon the knowledge and recognition of the different duties of safety, which employers must provide for their employees. While “general employees” must be provided by law the duty of a safe working environment, contractors and temporary workers must, themselves, see to the safety of their own work environments. The scaffolding accident attorneys have over twenty years of experience in thwarting the tactics of non-subscriber employers and their defense lawyers attempting to avoid liability for damages. We have helped thousands of Texans recover damages for their financial and emotional losses. Do not allow those responsible for your injuries to remain free from justice. Contact our Law Office, and let’s work together to protect your legal rights, and obtain fair and just compensation for the scaffolding death of your loved one.

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Who, Exactly, is Entitled to Legally Pursue Damages Arising from an Injurious or Fatal Scaffolding Accident?

With the right attorney: one who is highly experienced and knowledgeable of case law regarding construction-related injuries and deaths, almost everyone who has been injured, or wrongfully killed at the hands of a negligent employer may be legally eligible and entitled to seek compensation for their pain, suffering, and financial losses. The differing factors pertinent to your individual case will demand that certain courses of legal action be taken. If you have been injured in a scaffolding accident, or have lost a loved one in a fatal scaffolding accident, it is of the utmost importance that you immediately seek out and designate an appropriate legal representative, to protect your legal right to seek compensation, and pursue damages for your pain, suffering, and financial losses. Under certain conditions, even workers designated as “contractors”, or “temporary”, or even workers borrowed from another employer to complete job duties for another employer may be eligible and legally entitled to pursue compensation for any scaffolding injuries or deaths. In these instances, it will be essential to establish the proper and legal definition of the “employer-employee” relationship, and determine the Workers’ Compensation status of the employer.

If you have been injured in a scaffolding accident, or if you have lost a loved one in a fatal scaffolding accident, the Scaffolding Accident and Wrongful Death attorneys of our Law Office are here to help you obtain restitution for your losses. It is unfortunately frequently the case that other law firms overlook the details of a case and refuse to take it, due to inexperience in the field of practice. Our Law Office has specialized in the litigation of Texas Personal Injury and Wrongful Death Law for over twenty years. Our attorneys are well-practiced, and extremely knowledgeable of the legal hurdles, twists, and turns of pursuing personal injury and wrongful death lawsuits, and we have helped thousands of Texans suffering from injuries and the deaths of their loved ones secure the restitution they need to move on with their lives.

In one case of an injured worker’s case being dismissed, a client working on the job site of a stadium renovation project had his foot crushed by a cement spreader went to a Workers’ Compensation Insurance lawyer to have his situation reviewed. He was told, by this lawyer, that because he was a “temporary” worker, that he was not eligible to receive compensation for his pain, suffering, and financial losses. This client then contacted the attorneys of our Law Office, and we were able to properly prove that an “employer-employee” relationship did indeed exist between the client and the defendant. Proof of this relationship allowed us to help him recover damages for his injuries, and hold those responsible for his injuries accountable.

The Scaffolding Accident Attorneys of our Law Office are Here to Help You
Regardless of your situation, whether you are designated by your employer as a contractor, temporary worker, or volunteer, we can help you determine your legal rights, and obtain compensation for construction-related and scaffolding accident injuries, or fatalities. If you have lost a loved one, we can help you and your family hold those responsible for the wrongful death of your loved one accountable for their negligent actions, and secure fair and just compensation for your pain, suffering, and financial losses. Having the Scaffolding Accident and Wrongful Death Attorneys of our Law Office on your side will send a clear signal to those responsible for your pain and suffering. Contact our Law Office today for a free consultation.

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Construction Industry Workers’ Compensation Law Explained

Constant exposure to potential physical danger is unfortunately common in the construction industry as workers are called upon to work with heavy or dangerous equipment, handle potentially dangerous chemicals, or do physical labor high above the ground.

The dangers are everywhere, and while your employer may offer workers’ compensation benefits, this doesn’t always mean that your rights and interests are as protected as they should be.

There are many prevailing misconceptions about the process and complexity of how workers’ compensation actually works, and how it commonly plays out with construction-related accidents. We’d all like to believe that employers and workers’ comp insurers will always do the right thing, but it is important to remember that the employers and insurers are there to protect each other’s interests—not yours. To be sure that you receive fair and appropriate treatment, contact one of the attorneys at our Law Office for a free consultation and we can advise you of your rights and responsibilities, as well as help you determine if there are legal remedies that can help you get the compensation you need.

Why Would Your Employer Try to Deceive You or Omit Important Details in the Course of Helping You With Your Workers’ Compensation Claim?
In some circumstances, pure ignorance can cause an employer to fail to provide an injured worker with the proper resources to receive care under Workers’ Comp. The claim process is paperwork intensive and riddled with fine print and many construction managers simply do not have the time or the detailed orientation to devote to fully understanding the process.

In other cases, your company may intentionally be vague about Workers’ Compensation because they have no workers’ comp policy, and while it isn’t illegal for a construction company not to have Workers’ Comp Insurance, having it shields them from personal injury lawsuits so they may mislead you to believe that they are covered when in fact, they are not.

Finding the answer to this question is critical to determining how much compensation you may be able to receive, and if your employer does not carry the insurance, then there are more legal remedies you can pursue than if your employer subscribes to workers’ comp insurance because the laws say that carrying the workers’ comp coverage allows employers a certain immunity to workplace injury lawsuits.

Thus, many employers may try to take care of the expenses and lost wages as would be covered by workers’ comp to give the illusion of having workers comp insurance in hopes they can avoid getting sued. If you have questions about the validity of your employer’s workers’ compensation benefits, call us today.

Our firm has assisted countless construction workers who thought that they had a subscriber case when in fact they were dealing with a non-subscriber. As mentioned before, construction work is dangerous. Because of the risks, workers’ compensation is very expensive for construction companies. Therefore, they often choose not to subscribe. But when a worker is hurt, they may pretend to have workers’ compensation insurance in order to avoid a lawsuit. An experienced workers’ comp claim lawyer, however, can help you dig through any construction company tricks and determine precisely what options are available to you.

With over 20 years of experience in personal injury construction worker cases, the attorneys at our Law Office are poised and ready to investigate and ensure that you are not bamboozled by devious employers and you receive the full benefits you deserve.

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Are You a Contractor or an Employee?

Because Texas law says only general employees are eligible to file construction work injury suits or workers’ comp claim, many employers in the construction industry believe that by having workers sign waivers that state they are contractors renders them immune to personal/workplace injury lawsuit.

However, the State of Texas has case laws that have been established that protect workers from falling into this trap by instituting standard criteria by which the existence of an employer-employee relationship is established regardless of whether you are listed by the company as a contractor or otherwise. These standard criteria evolved out of a volume of related cases in which similar determinations were made by the courts.

Based on Texas case law, an employer-employee relationship may be proven if:

The contract states the worker is an employee
The worker is working exclusively for that company
The employer provides the tools or materials the worker uses to complete the work
The employer manages the worker at various points throughout the project
The amount of time the employer is expected to continue working for the employee is not specified
If the worker is paid by the hour rather than by the project
The borrowing employer can hire or fire the employee
The borrowing employer requested to use a specific employee
The borrowing employer provides the tools and materials necessary for the worker to complete his or her job
The lending employer cannot interchange the borrowed employee with any other worker
The borrowed worker is used to fill a position that almost anyone could fill
The borrowing employer pays the worker’s taxes and social security
These very technical details along with your employer’s status as a subscriber are critical in determining what benefits you are eligible to receive and whether you have been receiving them fairly.

To ensure that you are not cheated out of the economic relief and potential damages you deserve, make sure that you absolutely DO NOT accept any offer of payment from the construction company. DO NOT sign any documents without having them reviewed by an attorney. DO NOT make or write out any statements detailing the incident.

Our Law Office has been handling construction accident injury cases in and around Texas for more than 20 years, and we are here to help you understand your rights and responsibilities so that you can get the best legal remedy you deserve.

If you think that you may be ineligible to recover benefits because you were a contractor, our construction law experts can review the criteria of your employment with the construction company and determine if you are actually still eligible for legal treatment as a general employee by meeting the credentials established in Texas state law.

Why should I choose your Law Office to help me with my case?
We have been helping injured parties with both subscriber and non-subscriber cases all over the state of Texas for more than 20 years.
Our experienced lawyers can efficiently determine which kind of case you have and what potentially liable parties you should pursue to get the best possible outcome.

We have won cases against almost every major insurance provider in the United States and have a proven track record that encourages many defendants to make generous out of court settlements, which saves you time and money. Our dedicated attorneys care about you and will do everything possible to get you through the process as quickly and painlessly as possible. We will fight to ensure you get the compensation you need to get back on your feet and help ensure that the punitive remedies in your case encourage the construction company to be less negligent and understand that safeguarding their employees is of the utmost importance if they wish to remain in business.
Call us today for a free consultation.

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There are 125,000 cranes being used in America right now. We use them for transporting heavy objects and supplies to that we can have our skyscrapers, stadiums, and churches. Any complication that may arise will make operating the crane dangerous for its driver, the co-workers at the site, and any bystanders below the crane.

People can be easily killed if the crane loses its payload or if the line snaps. Buildings can be crushed if a crane falls or hits other structures. An operator can be electrocuted if a crane strikes a power line. That accident can be easily avoidable if the employer purchased a non-conductive hook and had it installed onto the crane. But, here are some other types of crane injuries and deaths that are unavoidable: Electrical shock, dismemberment, burns, spinal cord injury, and traumatic brain trauma.

Who was responsible if you have become a crane accident victim? There are numerous parties that are responsible. If your employer failed to provide a safe working environment to you, under a workers’ compensation claim, they will be held accountable. But what if another party’s negligence caused the accident? A property owner may have had equipment that would have blocked the path of the crane, causing the accident. If negligence was the cause of the accident, you can file a lawsuit. The crane accident attorneys of our Law Office have been litigating lawsuit claims for twenty years. We can help you with your case.

The Occupational Safety and Health Administration (OSHA) have the following guidelines on the use of cranes on construction sites:

Regarding the operation of the crane, employers have to obey all manufacturer limitations and instructions.
Instructions about the crane’s load capacity and safety warnings must be visible to the crane operator.
The crane has been inspected by a safety inspector prior to operation. If there is anything broken or defective, it must be replaced immediately.
The employer’s responsibility is ensuring the crane is placed away from overhead power lines. If a crane must be operated near a power line, then the employer must ensure the power line is shut down.
If an employer fails to comply with OSHA rules and guidelines on the use of cranes resulting in your injury, you have the right to file a lawsuit. However, depending on whether or not your employer has purchased worker’s compensation will depend on the amount of compensation that you could demand. A Texas employer who buys workers’ comp is called a subscriber. A Texas employer who doesn’t buy workers’ comp is called a non-subscriber.

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The state of Texas doesn’t require all employers to have worker’s compensation. But having workers’ comp is very expensive, so a lot of employers chose to turn it down. If an employee does get injured, an employer is willing to lie about having workers’ compensation in order to avoid a lawsuit. You can’t believe what an employer tells you. You need an experienced crane accident attorney in order to find out what the truth really is.

The real reason employers buy workmen’s compensation is because they are looking for protection from lawsuits. If you’ve been injured on the job or a loved one’s been killed on the job, you can’t sue your employer. The only way to sue a subscriber employer would be if the employee committed gross negligence. But it does not mean that this will end there. The insurance provider will be more than happy to provide for the injured and or family members of the deceased. They’ll pay for the medical bills and lost wages without a hassle. They’ll do all of that because they’re here to help their business. It only looks as though they’re helping you.

Every year, they’ve denied claims to countless employees. Insurance companies of non-subscriber employees will do anything to avoid providing compensation to injured employees. Workers’ compensation is needed in order to decrease lawsuits for injuries or accidental deaths in the workplace, but sometimes a lawsuit is the only way to get justice. It’s important that you have an experienced crane accident attorney on your side to take on the insurance companies.

The insurance companies will have a team of attorneys on their side. They’ll either try to convince you or force you into taking a poor settlement offer that couldn’t be enough to get you back on your feet. The attorneys at our Law Office will not only access your damages, we’ll determine if the insurance company is not being honest.

There are ways in which a victim can seek compensation from their subscriber employer or any third party:

If the gross negligence of the employer-led to the death of your loved one, then you can file a wrongful death lawsuit.
Someone else’s negligence, besides the employer, may have led to your injury suffered in a crane accident. The property owner didn’t provide safe working conditions. Manufacturers may be liable for malfunctioning machinery. The operator may not have operated the crane properly. Another contractor or employee could have negligently caused the injury. In this case, you can sue the responsible party.
It takes experience to identify all parties responsible and make them accountable for the injuries they have inflicted. If a worker suffers an injury due to the negligence of a subscriber employer and a negligent third party, the injured worker may seek compensation for both a workers’ compensation claim and a personal injury lawsuit.

Employers avoid buying workers’ compensation insurance because, in the construction business, insurance costs can be expensive. These employers are called non-subscribers. And when taking on a non-subscriber, you will need an attorney that will ensure that you get adequate compensation.

The Texas Government implemented workers’ compensation laws so that subscribers could be protected from lawsuits. Since you’re pursuing a lawsuit against a non-subscriber, you can look forward to greater compensation for your injuries or damages. You only need to prove standard negligence.

In a non-subscriber case, the law can be very complex. You would need an experienced crane accident attorney that can help you through this process.

The plaintiff will file a claim against the defendant that will inform them of the injury and the amount of compensation needed for damages. The easy way would be for the defendant to pay or negotiate with the plaintiff about the settlement. However, the defendant will contest the settlement and the parties will go to court. The plaintiff will have the burden of proving that the defendant was responsible for the injury leading up to medical costs, lost wages, and pain and suffering. Luckily, the plaintiff has to establish standard proof of negligence.

At this point, the non-subscriber employers will use some clever maneuvering to avoid paying you anything in court. Here are some examples:

A defense that the employer will use to their advantage is called sole proximate cause. They will claim that the plaintiff is 100 percent responsible for their own injuries. The defense lawyers are willing to destroy your name and credibility so that you will look like the negligent employee that was responsible for the accident.

The employer avoided paying for workers’ compensation, but they are willing to pay for the best attorneys that money can buy. Dragging an injured victim through the mud is a small price to pay for the employer who doesn’t want to take responsibility. You need an attorney with the expertise and the skills to defend your rights.

Do you know why many construction companies hire their employees as contractors? There is no obligation of safety for contractors. Your employer will deny that an employer-employee relationship exists between you two. How can they pay for your injuries, if there’s no evidence that states that you have been employed by them?

In some cases, the employer knows that an employer-employee relationship exists with the victim and they were able to secure compensation. The law sees you as an employee and you are entitled to compensation for injuries suffered on the job.

You need a crane accident attorney who can establish the employer-employee relationship between parties, if they meet the following standards:

Social security and taxes were withheld by the employer
The employer-provided equipment on the job
The employer-provided a set schedule
You were managed, trained, and inspected by the employer daily
Documents that prove that you had to perform tasks in order to work for the employer: such as taking a drug test
You were hired for an undetermined period of time
You were was being paid on an hourly or salary wage
Our crane accident attorneys have the experience handling on the job injuries. We can help you identify all of the parties responsible for your accident and make them pay for all of the damages.

For twenty years, the lawyers of our Law Office have helped injured construction workers recover millions in damages. We can handle any crane accident case, including those with many defendants. We know the OSHA regulations and can provide expert witnesses who can testify about the issues of workplace safety and operating heavy machinery. Call us today for a free consultation.

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Swimming Pool Accident Lawyer on Your Legal Options After a Hotel, Motel or Apartment Pool Drowning Accident

Every year, hundreds of residents enjoy the outdoors by swimming at their local apartment pool, hotel pools, or community swimming pools. The beautiful breeze of the waters in swimming pools makes one happy and the ability to relax. Despite the benefits and pleasures swimming pools provide to its users, there are also risks involved.

In fact, swimming pool accidents are one of the most common types of accidents residents in an apartment complex, hotel complex, or community neighborhood area may come across. If you or a loved one has suffered an injury due to an apartment pool accident, then know that help is available. You can possibly seek financial compensation for your injuries or loss through a personal injury lawsuit against a property owner or the entity that is responsible for maintaining the pool grounds.

In addition, if you have lost a loved one to death because of an apartment pool drowning, then help is also available. You can seek justice against the negligent party responsible for the apartment pool drowning through a wrongful death lawsuit. More than one party may have contributed to your loved one’s apartment pool drowning and therefore you can seek legal action against them by holding them liable through a wrongful death lawsuit. Even if an apartment pool drowning does not cause death, it can still result in serious injury to the victim. The injuries one may suffer because of the apartment pool drowning could drastically alter a person’s quality of life in a negative way. Whatever situation you are in, it is very critical that you get the help of an experienced apartment pool accident attorney. When you work with an apartment pool accident attorney, you will have the tools necessary in order to have a successful case. There are two reasons why you should seek a civil lawsuit against negligent apartment pool complexes: it is important to hold a negligent apartment complex accountable for their actions or inaction which led to the drowning. Another reason why you should seek a civil lawsuit is so that you can see justice served to the aggrieved party in the form of financial compensation. The injuries or death that can occur as a result of the drowning can be severe and cause a lot of financial hardship to the aggrieved party. By seeking financial compensation in the form of a civil lawsuit, your situation will be less burdened.

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Causes of Apartment Pool Drownings

As we all know, pool accidents happen for a variety of reasons. However, when it comes to apartment pool drownings, there may be several factors that contributed to the drowning. Apartment pool drownings can happen because of the lack of maintenance on the pool, no safety devices available at the pool, and equipment used by the pool may be defective as well. Safety measures around the pool must also be maintained. For example, pool gates and pool fences must be maintained and available at the apartment pool site so that a wandering child will not be able to access a harmful area of the pool. Furthermore, drain covers need to be installed properly and must be compliant as rules set forth and enforced through the Virginia Graeme Baker & Pool Spa Safety Act. This law was enacted to protect children because drain covers on swimming pools prevent children from getting caught into a vacuum caused by non-compliant drain covers.

Furthermore, warning signs have to be properly displayed and posted so that swimmers are aware of dangerous water levels or be able to see precautions swimmers should take in order to be safe. Warning signs are also needed to let people know if a lifeguard is available or not at the pool. Also, all children must be supervised if they are using a public pool such as an apartment pool. If a child is not properly supervised when using an apartment pool, then their guardian, parent, or whoever their caretaker is can be held liable if that child experiences an apartment pool drowning. Also, if the apartment pool area lacks adequate safety equipment and a child gets hurt as a result of that, then the apartment pool property owner can be held liable for the child’s accident. For example, if a pool did have a broken fence or another defective safety device, and the child is able to wander around the pool into the dangerous areas and drown as a result, then the apartment manager or owner, the pool maintenance company, and the manufacturer or installer of the apartment pool safety device can all be held liable for their negligence in failing to provide standard safety measures to the public.

In summary, there are many causes of an apartment pool drowning and more than one party can be held liable. Being able to identify all the liable parties involved in your loved one’s apartment pool drowning is critical in order to pursue a personal injury or wrongful death case. Every liable party is responsible for owing their share of money to the percentage of compensation owed to the injured party. If any liable party is not properly identified or classified, an injured victim may not receive the full compensation they deserve for their injuries. This is another critical reason why you should contact an apartment pool accident attorney as soon as possible. If you delay in contacting an attorney, evidence in your case can be destroyed, disappeared, or tampered with. When you contact our Law Office, we will get to the accident scene quickly in order to conduct an in-depth investigation into the apartment pool drowning accident case. Getting to the accident scene on time is critical for one to have the ability to identify all liable parties who contributed to the apartment pool drowning. Furthermore, the sooner our attorneys are able to conduct an investigation, the less likely chance a negligent party has a chance to tamper with evidence by concealing important things such as fixing a broken gate or a faulty drain cover in order to cover up for their mistakes and involvement in the apartment pool drowning accident.

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Drowning Accidents at Hotel Pools in Texas

Hotel pool accidents are similar to that of apartment pool accidents when it comes to legal matters. Just like an apartment pool complex, a hotel pool complex must be properly maintained by staff and must be in proper working condition so that injury or harm is less likely to occur for a hotel resident or visitor. Furthermore, the maintenance staff must maintain pool safety standards by restricting dangerous areas for kids and putting things around the pool so that children do not have access to the dangerous areas of the hotel pool. In addition, warning signs must be posted as well in the pool area. In hotel pools, pool gates and fences must be maintained and pool covers should also be used. Hotel pools must also have anti-entrapment drain covers so that children cannot be sucked into the pool’s drainage area. The Virginia Graeme Baker Pool & Safety Act enforces these rules and is the law. This law states that anti-entrapment drain covers must be used in all public pools in order to protect children. If a hotel pool drowning or accident does happen, then the hotel owner can be held liable because of a premises liability case if it was discovered that the property owner was negligent in their duties to provide standard safety to its visitors of their property.

Another cause of hotel drownings in Texas is due to intoxicated individuals who are a threat to the public by causing injury to themselves or others. If an intoxicated person became drunk because a server or bartender at the hotel over-served their patron alcohol and caused them to become drunk and that patron caused a hotel pool accident, then the injured victim or bereaved family member will have the ability to pursue a dram shop case against the negligent alcohol-serving hotel establishment. In Texas, dram shop law was put into place so that any alcohol-serving establishments can be held partially liable for causing their patron to cause an accident because of being drunk and exceeding a blood alcohol level of .08%. If the patron causes an injury or accident because of their drunk state caused by their server who over-served them, then the alcohol-serving establishment can become an additional defendant in a personal injury or wrongful death suit, and also a civil suit in a hotel drowning accident case.

Call Apartment Pool Accident Lawyers
Our Law Office brings you 20 years of experience in litigating both personal injury law and wrongful death law in Texas. Our lawyers will help you seek the justice you deserve against a negligent party for their role in causing you injury, harm, and loss. The compensation you are able to get from your personal injury or wrongful death lawsuit can help you pay for things like medical bills, lost wages due to time off from work, funeral costs, and costs associated with your pain and suffering. The truth is anyone who has suffered a pool drowning will more than likely experience severe injury and the medical costs associated with that injury can be quite high as well. By seeking a personal injury lawsuit, you will have the ability to pay for the high medical costs associated with your injury or loss. While we know that no amount of money will ever bring back your loved one, we also believe that seeking a personal injury or wrongful death lawsuit is important for you because you can seek justice for those that caused or contributed to your harm. It also sends a clear message to everyone that negligent behavior or actions or inaction which lead to injury or death will not be tolerated. Contact the apartment pool drowning lawyers at our Law Office today to get the help you need.

Call us now for a free consultation. Our staff is standing by 24 hours a day 7 days a week in order to answer any questions you may have and provide you with several legal options that best meet your needs. Our attorneys will listen to your story and the details of your apartment pool drowning accident in order to start working on your case. At our Law Office, our goal is to help you in this difficult and stressful time of your life. We want to help you overcome the pain and tragedy you are going through by helping you seek the maximum amount of compensation for your injury or loss. We also want to help you seek justice by holding those liable parties responsible for your injuries or loss by holding them accountable for their negligent behavior. Call us now! Don’t wait!

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