Find a swimming pool accident lawyer in Austin: city pools, apartments and backyard pools

Austin Parks runs 44 public aquatic facilities, so a pool injury may be a claim against the City, with a letter due in 45 days. A private pool or apartment complex has 2 years. For a child, the 2 years do not run until age 18, but government notice does not pause.

Last checked November 9, 2026 · Official sources (33)

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Road map of Austin with Zilker Metropolitan Park and Barton Springs Pool marked south of Lady Bird Lake
Barton Springs is unguarded from 5 to 8 a.m.; swim at your own risk. Map data © OpenStreetMap contributors.

Who is responsible when someone is hurt in an Austin pool?

PoolWho is responsibleClaim route
City of Austin pool or Barton SpringsAustin Parks and Recreation runs 44 public aquatic facilitiesClaim letter within 45 days. Texas treats city recreational facilities as a governmental function, with a $250,000 per person cap.
Public or semi-public poolThe operator, who needs a permit and must pass inspections2 years to sue.
Apartment or HOA poolThe owner or association. Texas fence rules cover multiunit rentals and property owners associationsA tenant or member may sue for failure to comply.
Private backyard poolThe owner. No city permit is required2 years to sue.

Austin Public Health inspects pools, spas and interactive water features. Outside the city, pool rules for unincorporated Travis County include Travis County Chapter 61A and the state's pool yard enclosure chapter.

Is Barton Springs Pool guarded?

Most of the day. Barton Springs is a three-acre pool in Zilker Metropolitan Park fed by underground springs. Guarded swim runs 8 a.m. to 10 p.m. most days. From 5 a.m. to 8 a.m. you swim at your own risk.

That early window matters in a claim. If someone was hurt before 8 a.m., the pool was open but not guarded, so ask the city for its posted signs, hours and incident records.

What pool fence rules cover apartments in Austin?

  • At an apartment or property owners association pool in Austin, the barrier must stand at least 48 inches.
  • The gate must be self-closing and self-latching.
  • A federal entrapment standard applies to drain covers.
  • A public pool with one main drain needs extra protection.

A child who gets through a broken gate or climbs a short fence may also have a claim for a highly dangerous artificial condition. Report a broken gate or latch at an Austin apartment to 3-1-1.

What should you do after a pool accident in Austin?

  1. Call 911. In Texas, 83 children a year die of drowning on average, says Austin Public Health. Children go to Dell Children's, which treats many children after drowning events and serves over 46 Central Texas counties.
  2. Ask the hospital about follow-up. Even when a person survives, a drowning can leave brain damage or lasting disability.
  3. Photograph the gate, latch, fence, drain cover, depth markers and warning signs before anything is repaired.
  4. Ask in writing for lifeguard records. Public pools keep them three years.
  5. Write down the date. A city pool claim letter has a 45 day clock.

Accidental injuries are the leading cause of death for Travis County residents ages 1 to 44, says Austin Public Health. Texas loses 83 children a year to fatal drowning, on average.

How long do you have to sue after a pool accident in Austin?

  • Private owner, apartment or HOA: 2 years.
  • City of Austin: a claim letter within 45 days, sent to the Law Department.
  • Every other Texas government: written notice within 6 months.
  • A child: time does not count while a minor, but a government notice period is not paused.

If a child or adult died, we are sorry. When a death may be unnatural, the Medical Examiner's Office at (512) 854-9599 can answer questions.

Questions

Does Austin inspect backyard pools?

No permit is required for private pools or spas, so no city permit inspection applies.

Does my claim letter to the City need a notary?

The city's web page only asks for a letter. A May 2026 city document says the charter requires the notice to be notarized by affidavit, so have yours notarized to be safe.

Who answers questions about the City's claims process?

The Law Department claims line is 512-974-2268.

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Sources (33)

  1. Austin Parks and Recreation, Pools and Splash Pads, checked 2026-11-09. “We operate 44 public aquatic facilities, which includes seven regional pools, three Community pools, 22 neighborhood pools, one wading pool, Barton Springs Pool, and 10 splash pads.”
  2. City of Austin, File a Claim, checked 2026-11-08. “You must send this letter within 45 days of the incident.”
  3. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  4. Tex. Civ. Prac. & Rem. Code 16.001, checked 2026-11-09. “the time of the disability is not included in a limitations period”
  5. Martinez v. Val Verde County Hospital District (Tex. 2004), checked 2026-11-09. “The lower courts held that it is not,[2] and we agree.”
  6. City of Austin, Visit Barton Springs Pool, checked 2026-11-09. “Guarded Swim | 8 a.m. – 10 p.m.”
  7. City of Austin, Visit Barton Springs Pool, checked 2026-11-09. “Swim at your own risk | 5 a.m. – 8 a.m.”
  8. Tex. Health & Safety Code 757.002, checked 2026-11-09. “a pool owned, controlled, or maintained by the owner of a multiunit rental complex or by a property owners association”
  9. Tex. Health & Safety Code 757.003, checked 2026-11-09. “The height of the pool yard enclosure must be at least 48 inches as measured from the ground on the side away from the pool.”
  10. Tex. Health & Safety Code 757.004, checked 2026-11-09. “have a self-closing and self-latching device”
  11. City of Austin, Request a pool, spa, or interactive water feature inspection, checked 2026-11-09. “A permit is not required for private pools or spas.”
  12. Tex. Civ. Prac. & Rem. Code 101.0215, checked 2026-11-09. “recreational facilities, including but not limited to swimming pools, beaches, and marinas”
  13. Tex. Civ. Prac. & Rem. Code 101.023, checked 2026-11-09. “Liability of a municipality under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence for bodily injury or death”
  14. City of Austin, Request a pool, spa, or interactive water feature inspection, checked 2026-11-09. “All public and semi-public aquatic facilities must meet safety guidelines before use.”
  15. Tex. Health & Safety Code 757.012, checked 2026-11-09. “may maintain an action against the owner or property owners association for failure to comply with the requirements of this chapter”
  16. Austin Public Health, Environmental Health Services, checked 2026-11-09. “inspections at pools, spas, and interactive water features and fountains”
  17. Austin Public Health, Public Health Regulations for Unincorporated Areas of Travis County, checked 2026-11-09. “Travis County Chapter 61A, Swimming Pools • Texas Health & Safety Code, Chapter 757 for Pool Yard Enclosures”
  18. City of Austin, Visit Barton Springs Pool, checked 2026-11-09. “a three-acre swimming pool in Zilker Metropolitan Park that is fed by underground springs”
  19. 15 U.S.C. 8003, checked 2026-11-09. “each swimming pool or spa drain cover manufactured, distributed, or entered into commerce in the United States shall conform to the entrapment protection standards”
  20. 15 U.S.C. 8003, checked 2026-11-09. “each public pool and spa in the United States with a single main drain other than an unblockable drain shall be equipped”
  21. Tex. Civ. Prac. & Rem. Code 75.007, checked 2026-11-09. “may be liable for injury to a child caused by a highly dangerous artificial condition on the land”
  22. City of Austin, Code Compliance Resources, checked 2026-11-09. “You can submit a code complaint during business hours by calling Austin 3-1-1 (311), or anytime online or through the Austin 3-1-1 app.”
  23. Austin Public Health, Injury Prevention, checked 2026-11-09. “On average, Texas loses 83 children each year to fatal drowning.”
  24. Dell Children's Medical Center, Drowning prevention and water safety, checked 2026-11-09. “As a children’s hospital that serves over 46 counties in Central Texas, doctors and care teams at Dell Children’s Medical Center treat many children who experience drowning.”
  25. CDC, checked 2026-11-09. “Nonfatal drowning has a range of outcomes or results, from no injuries to very serious injuries such as brain damage or permanent disability.”
  26. 25 Tex. Admin. Code 265.191, checked 2026-11-09. “The following records pertaining to lifeguards must be kept three years”
  27. Austin Public Health, Injury Prevention, checked 2026-11-09. “Accidental injuries are the leading cause of death among Travis County residents ages 1 to 44.”
  28. City of Austin, File a Claim, checked 2026-11-08. “City of Austin Law Department - Claims P.O. Box 1546 Austin, TX 78767-1546”
  29. Tex. Civ. Prac. & Rem. Code 101.101, checked 2026-11-09. “not later than six months after the day that the incident giving rise to the claim occurred”
  30. Travis County Medical Examiner, FAQ, checked 2026-11-08. “Deaths due to unnatural causes”
  31. Travis County Medical Examiner, FAQ, checked 2026-11-08. “You may also call the Medical Examiner's Office at (512) 854-9599 at any time with any additional questions.”
  32. City of Austin, Staff charter recommendations with charter text (May 2026), checked 2026-11-08. “The current version of the charter requires claimants to give written notice of a claim notarized by affidavit.”
  33. City of Austin, File a Claim, checked 2026-11-08. “Need Help? 512-974-2268”

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