Drowning Accident Attorney in Plano

Former Prosecutors. 100+ Trials. Fighting for Drowning Victims in Plano.

Drowning cases are built on specific legal theories, and the outcome depends on how well those theories are investigated and argued. At Zen Law Firm, co-founded by Jason A. Zendeh Del and Mobina A. Zendeh Del, our attorneys are former prosecutors who have handled more than 100 trials. We bring that same courtroom discipline to civil injury claims, building a tailored strategy for every drowning or near-drowning case rather than applying a generic playbook. We treat every client as a partner, communicating clearly and keeping you informed at every stage.

If you’ve lost a family member or suffered serious injury in a drowning accident, call our drowning accident lawyers now at (469) 361-8561 to discuss what happened and what your options are.

How Liability Is Established in a Drowning Case

Responsibility for a drowning rarely falls on the victim alone. Texas law recognizes several distinct theories of liability, and identifying the right one determines who can be held accountable and what evidence needs to be collected.

Premises Liability

Property owners have a legal duty to keep pools and surrounding areas reasonably safe for people permitted on the property. When an unsecured gate, broken fence, absent drain cover, or missing depth marker contributes to an accident, the owner can be held liable under premises liability law.

Attractive Nuisance Doctrine

Texas’s attractive nuisance doctrine extends liability to situations where an unsecured pool draws in a child who trespasses and is injured. Because children can’t fully appreciate the danger, the law places the burden of securing the hazard on the property owner, not the child.

Negligent Supervision

When a pool facility, summer camp, or recreation center fails to provide adequate lifeguards or oversight, a negligent supervision claim can arise. These cases require showing that proper staffing or attentiveness might have prevented the incident.

Product Liability

Defective pool equipment, including faulty drains that create suction entrapment, malfunctioning pool lights, and defective flotation devices, can give rise to a product liability claim against the manufacturer or distributor.

Compensation Available to Victims & Families

The damages recoverable in a drowning case depend on whether the victim survived and the specific circumstances of the incident.

For survivors of a near-drowning: Recoverable damages can include medical expenses, rehabilitation costs, lost income, and compensation for pain and suffering, including long-term neurological effects from oxygen deprivation.

For families after a fatal drowning: A wrongful death claim can seek compensation for loss of companionship, lost earning capacity, loss of household services, and funeral expenses. Texas doesn’t cap economic or non-economic damages in most wrongful death cases. When gross negligence or a willful act caused the death, Texas Civil Practice and Remedies Code Section 71.009 permits exemplary damages on top of those amounts. We assess this possibility in fatal drowning cases we take on.

Filing Deadlines for Plano Drowning Cases

Texas Civil Practice and Remedies Code Section 16.003 sets a two-year statute of limitations for personal injury and wrongful death claims, running from the date of injury or death. Missing that deadline can end the case.

Wrongful death claims carry an additional procedural rule: under Section 71.004, a surviving spouse, child, or parent must file within three months of the death, or the personal representative of the estate may file instead. Cases involving Plano residents are handled in the Collin County District Courts, which hear civil personal injury matters for this area.

Talk to a Drowning Accident Lawyer About Your Case

The evidence that establishes liability in a drowning case, including surveillance footage, maintenance logs, lifeguard schedules, and equipment records, can disappear quickly. The sooner we get involved, the better positioned we may be to build the strongest possible case on your behalf.

Contact our Plano drowning accident attorneys today at (469) 361-8561 to get started.