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Enclosure height, self closing and self latching gates, latch height, depth markings, drain covers and posted safety equipment are governed by state and local requirements. A drowning frequently follows a gate that did not latch or a fence gap that had been reported.
Near drowning is not the lesser case. Anoxic brain injury produces lifelong care needs. Call 713-521-0059.
The property owner and the management company that controlled the premises, and sometimes a pool maintenance contractor or an equipment manufacturer where a drain or cover failed.
Where a child is involved, arguments about parental supervision are common. In Texas responsibility is apportioned by percentage and a claimant can recover so long as the claimant is not more than 50 percent responsible, so a supervision argument narrows a claim rather than ending it.
Photograph the fence, the gate, the latch and its height, the depth markings, the drains and the posted signage before anything is repaired. Ask in writing for inspection records and prior complaints. Repairs after an incident happen fast.
A Texas personal injury claim generally must be filed within two years of the injury under Section 16.003 of the Civil Practice and Remedies Code. Call 713-521-0059.
