On someone else's property
Dallas swimming pool accident lawyer.
When a child or adult drowns or is badly hurt at a pool, families are left with grief and questions. Texas requires apartment pools to have fences and self-closing, self-latching gates, and federal law requires safe drain covers at public pools, so a broken gate or a missing drain cover is often where these cases start. We handle these cases carefully and privately, and we move quickly to preserve the pool, the gate and the video before anything is changed. You can talk to us in English or Spanish, at no cost.
Right now
In the first days.
- 01
Focus on medical care
Near drownings can cause lung and brain injuries that show up hours later. Follow every instruction from the hospital, and keep all discharge papers.
- 02
Photograph the gate, fence and signs
Whether the gate closes and latches on its own, gaps in the fence, chairs or objects a child could climb, missing depth markers, the drain, posted rules, and whether a lifeguard was there.
- 03
Write down who was there
Other swimmers, parents, staff, a lifeguard, a maintenance worker, and the first people who helped. Their memories fade fast.
- 04
Do not sign anything from the property
Apartment managers, hotels and their insurers may ask for statements or offer to cover some costs. Let us review any paper before you sign.
- 05
Call us when you are ready, but soon
Pools get repaired and gates get replaced quickly after an incident. A preservation letter can stop that. If a city pool is involved, a notice deadline may apply.
Key deadlines and numbers
- Deadline to sue
- 2 years from the injury, or 2 years from the death in a wrongful death caseSource: Tex. Civ. Prac. & Rem. Code 16.003
- If the injured person is a child
- The child's own 2 years usually start at age 18. Parents' claims for medical bills do not waitSource: Tex. Civ. Prac. & Rem. Code 16.001
- Apartment pool fences and gates
- Texas requires an enclosure with self-closing, self-latching gatesSource: Tex. Health & Safety Code ch. 757
- Drain covers at public pools
- Federal law requires anti-entrapment drain coversSource: 15 U.S.C. 8003
- City or county pool
- Written notice within 6 months, sometimes soonerSource: Tex. Civ. Prac. & Rem. Code 101.101
Texas law
Who can be responsible for a pool injury.
Pool cases are premises cases, sometimes combined with a product claim. The question is who controlled the pool, what safety rules applied, and whether a missing safeguard caused the harm.
| Who | Common failures |
|---|---|
| Apartment owner or management company | Broken self-closing gate, fence gaps, no posted rules, poor maintenance, cloudy water |
| Hotel, gym, club or HOA | No lifeguard where one was promised, unsafe depth markings, slippery decks |
| Pool service or lifeguard company | Loose drain covers, bad chemical levels, a lifeguard not watching |
| Equipment maker | Defective drain cover, pump, diving board or slide |
| Homeowner | Unfenced backyard pool, unsupervised children at a party. Homeowner's insurance may cover it |
Apartment pools must be fenced and gated
Texas law sets fence height, gate and latch requirements for pools at apartment complexes. A gate propped open or a latch that does not catch is a common failure, and an important one when a young child gets in.
Source: Tex. Health & Safety Code ch. 757Drain entrapment is preventable
The Virginia Graeme Baker Pool and Spa Safety Act requires public pools and spas to use drain covers that meet a safety standard. A missing or cracked cover can point to the operator and the maker.
Source: 15 U.S.C. 8003Children are treated differently
Texas law recognizes that young children cannot judge pool dangers the way adults do. An owner may be responsible even when a child entered without permission, depending on the facts. A child's own deadline usually waits until age 18.
Source: Tex. Civ. Prac. & Rem. Code 16.001Diving injuries
Shallow water, missing or wrong depth markers and diving boards over water that is too shallow can cause spinal cord injuries. These cases depend on measurements taken before the pool is changed.
How we work
How we handle a pool case.
Mr. Estrada reads your file and sets the strategy. Our team works the details with him, and we keep the family informed in English or Spanish at a pace that respects what you are going through.
01
Freeze the scene
Preservation letters to the owner, manager, pool service and lifeguard company for video, gate hardware, drain covers, maintenance and chemical logs, before repairs.
02
Inspect and measure
When it matters, a pool safety consultant inspects the fence, gate, latch, drain and depth markings and compares them with state and federal rules.
03
Get the inspection history
City health inspection reports, prior complaints from tenants or guests, earlier incidents and the contracts that show who was responsible for what.
04
Measure the harm with care
For brain or spinal injuries, we work with medical experts, life care planners and economists to show what lifelong care will cost.
05
Resolve it or take it to court
We present the claim to every responsible party and its insurer. If they will not pay what the case is worth, we file suit and prepare for trial.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“This attorney takes his time with every client, I love that he speaks Spanish so it was nice to fully understand him.”Questions families ask us.
- Who pays for the hospital now?
- Health insurance, CHIP or Medicaid for children, and sometimes the property's medical payments coverage. Those payers may ask to be repaid from a recovery, and we negotiate those amounts.
- Will the money for my child be protected?
- A settlement for a minor usually needs a judge's approval, and the money is often placed in a court registry or a trust until the child turns 18. We walk you through it.
- Do we need papers to make a claim?
- No. Children and families can bring these claims regardless of status. Talk to us privately. What you tell us stays between you and the firm.
Dallas and Odessa
Pools in Dallas and West Texas.
Dallas summers fill apartment pools across Oak Cliff and southern Dallas, along with hotel pools, community pools and backyard pools. City of Dallas aquatic centers and other public pools fall under the Tort Claims Act notice rules. From our Odessa office we handle the same kinds of cases at apartment complexes, hotels and homes in Ector and Midland counties.
FAQ
Questions people ask.
Is an apartment complex responsible if a child drowns in its pool?
It can be, especially if the fence or gate did not meet Texas requirements or was broken, and the child got in that way. Each case depends on how the child reached the water and what the property knew.
Do apartment pools in Texas have to have a lifeguard?
Generally no, but pools without one must post warnings and follow state safety rules. If a hotel, club or event promised a lifeguard and one was not there or not watching, that can matter.
My child nearly drowned but seems fine. Should I still call?
Get medical follow-up first, because some effects show up later. Then call so the evidence is preserved in case problems appear. It costs nothing to ask.
We were guests at a friend's backyard pool. Can we make a claim?
Possibly, through the homeowner's insurance. As social guests, you usually must show the owner knew about the danger. These claims are paid by insurance, not out of your friend's pocket.
How long do we have to file?
Generally two years, or two years from the date of death. A child's own claim usually waits until 18, but parents' claims and the evidence do not wait. City pools may need notice within months.
How much does it cost to hire you?
The first consultation is free. Injury cases are handled on a contingency fee, which means the fee comes out of the recovery, not out of your pocket. We explain the exact terms, including case costs, before you sign.
Related situations
- Premises liability
- Injuries to children
- Wrongful death
- Brain injuries
- Catastrophic injuries
- All: Personal Injury
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.