Hot tubs and swimming pools can provide hours of fun and exercise for their owners, family and friends. Texas residents who have friends with a hot tub and/or pool may often be invited over to spend time in and beside the pool. While a person's invitees are using the pool or hot tub, the owner of the home is responsible for their safety. If a hot tub or swimming pool accident occurs, the homeowner could be held liable for any serious or fatal injuries.
The law requires that certain safety measures be in place and that the hot tub or pool and the area around it be properly maintained. The owner's insurance should also cover any injuries that could occur in or around the hot tub or pool. If you suffer a serious injury -- or have a loved one who died -- in someone's pool, a premises liability claim may be appropriate.
An attorney would investigate the circumstances surrounding the incident in order to determine whether the homeowner could be held liable. The condition of the fencing around the pool, if any, will be inspected, along with any records of inspections performed on the area. Any other factors surrounding the accident itself would also be examined.
Medical costs and lost wages can add up quickly during recovery, and these damages, along with others, could help with the financial losses you incurred and may still be incurring. If a premises liability claim can be filed in connection with a hot tub or swimming pool accident, it will be necessary to prove negligence on the part of the owner. If a Texas court is satisfied that the owner's negligence caused or contributed to the injuries you suffered or the death of your loved one, an award of damages may be considered.