Swimming & Diving Accidents

Welcome to the Rodgers Law Firm

When someone is harmed in a swimming or diving accident, lives are changed beyond description.

The pain and suffering caused by the accident may be further increased by intense feeling of anger, frustration, and resentment because the accident could have been easily avoided if the person at fault, the wrongdoer, had only been more careful.

We at the Rodgers Law Firm in Fort Worth, Texas understand the devastation and losses caused by catastrophic accidents. Surviving victims may have no transportation, may be unable to work due to injury, may have no health insurance or large savings to pay for medical care, may not know how to find health care providers that will wait for payment until the case settles, and may not have the energy or know how to deal with the insurance company for the wrongdoer.

That's why we are here – to do everything we can to help our clients get the answers, the assistance, and the compensation that they are entitled to under the law.

We handle swimming and diving injury cases throughout the DFW Metroplex and surrounding cities, including Dallas, Fort Worth, Arlington, Denton, Burleson, Cleburne, Decatur, Weatherford, Haltom City, North Richland Hills, Richland Hills, Azle, Mineral Wells, Sherman, and Denison.

If you, a family member, or a friend is a victim of a swimming, diving, or other aquatic accident, contact us for a free, no obligation consultation. We will meet with you at our office or any location convenient to you.

In a free, no obligation consultation with us, you may evaluate first hand our capabilities to help you and other family members work through the legal, economic and emotional hurdles faced when such an injury occurs.

The following pages of detailed legal information will give you insights into the depth of our capabilities in aquatic injury cases.

Examples of Aquatic Injury Case Handled By Our Law Firm

Infant Drowned in Babysitter’s Swimming Pool
Pool Owner Ignored Safety Recommendations Made By Pool Installer
Fort Worth, Texas

While the parents were on a trip, their 15-month-old infant son drowned in their baby sitter’s swimming pool. The sitter had kept the child on a regular basis before the drowning.

Documents obtained after suit was filed showed the pool owner did not follow the written safety recommendations provided by the swimming pool installer and signed for by the pool owner acknowledging the receipt of the written safety recommendations.

The pool owner did not child-proof the pool by buying relatively inexpensive safety devices such as a child-proof door lock on the kitchen door that opened into the swimming pool area or a pool alarm that would be triggered when any object weighing more than 10 pounds fell into the pool.

The case was settled prior to trial. (MN190M).

Overview of Swimming & Diving Accidents

Diving Accidents
An estimated 850 people a year sustain serious spinal cord injuries from diving accidents. Diving has caused more spinal cord injuries than all other sports combined.

Diving accidents are often caused by the lack of depth markings, absence of proper signs, lack of lifeguards, and inadequate lighting.

Swimming Accidents
The National Safety Council reports that more than 4,000 people drown in the U.S. each year. Children under the age of five are the most vulnerable, with up to 500 drownings annually; the second most vulnerable group are those between the ages of 15 and 24.

In non-death cases, perhaps the most devastated victims are those who suffer profound brain damage during near-drowning incidents.

In assessing a swimming pool case, your attorney must evaluate exactly how the pool was made and the precise events leading to the accident. A recent study revealed that in-ground pools accounted for 85 percent of injuries involving impact with the bottom of the pool. Above-ground pools - typically holding 42 inches of water - accounted for the other 15 percent of injuries involving impact with the pool bottom.

Alcohol may play a part in the accident. The quantity and timing of alcohol consumption must be determined by an expert to evaluate any impairment of motor skills.

Local codes and ordinances usually set standards for maintaining swimming facilities. In child-injury cases, the rules on swimming-pool fencing and gates are particularly important.

Since this area of the law is complex and often requires that technical experts be consulted, meet with an attorney to explore the specific facts of your case.

Losing the Right to Make the Claim
You must file your Texas aquatic accident suit within a certain time period or else you will lose your right to pursue your claim. In many cases, the suit must be filed within two years from the date of the accident.

Simply contacting the business or person responsible for the accident or contacting their insurance company about the accident is not enough to stop the running of the two year period.

Cases involving federal and state governmental entities as defendants are governed by a different limitations procedures and periods. Claims against federal government entities are controlled by the Federal Tort Claims Act, which provides:
“A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.”

Texas governmental entities are controlled by the Texas Tort Claims Act. The claim procedures in this Act must be followed. It requires that written notice, often using mandatory forms supplied by the agency involved, be given to the agency against whom the claim is being made within time periods shorter than a year after the accident, often as short as six months. Certain exceptions do exist in unique circumstances, but they require the analysis of a qualified attorney to determine if they are applicable.

There are other reasons to act quickly. Key witnesses may disappear, witnesses’ memories may fade, and vital documents may be lost. Sometimes it takes months of investigation to determine who the true defendants are that are legally responsible for the accident. It is crucially important that you do not delay in consulting with an attorney.

Contact us for a free no-obligation consultation as soon as possible to ensure that you retain your right to pursue your claim.

Ask Us for a Second Opinion If Another Attorney Has Declined To Represent You
Attorneys regularly decide whether the case that they are reviewing does or does not meet all the requirements to be a viable, sound case. Making this determination is not an exact science. Based on different experiences and analytic abilities, one attorney may turn down the opportunity to represent a client and another attorney may decide to take the case.

The second reviewing attorney saw something the first reviewing attorney may have overlooked. The first attorney may have decided that liability was not clear, that the damages were not large enough, there was not available insurance coverage or other sources to pay the money damages, or that there were other problems in seeking a recovery.

We would welcome the opportunity to review your aquatic claim even if another attorney has turned the case down. There is no charge or obligation for our review.
You may contact us at the following phone numbers at any time:

Office: toll free: 1-866-560-1075

local: 817-717-4080

Copyright 1994 - 2007 Clifford B. Rodgers.
Last Modified July 6, 2007.