Swimming pool accident in Dallas: fences, drowning and who is responsible
Who can be sued depends on whose pool it was. Apartment and HOA pools must follow Texas Health and Safety Code Chapter 757, and Dallas City Code applies it. It requires an enclosure at least 48 inches high and a self-closing, self-latching gate. A City of Dallas pool needs written notice within six months. Otherwise you generally have 2 years.
Last checked November 9, 2026 · Official sources (30)
Do Dallas apartment pools need a fence?
Yes. Texas Health and Safety Code Chapter 757 covers multiunit rentals and property owners associations. Dallas City Code says that chapter applies to those pools and replaces the city's own pool rules for them.
The pool enclosure has to be at least 48 inches tall. The gate must close and latch by itself. A tenant, member or other person may sue for failure to comply. Dallas Code Compliance lists pool safety among the items it checks in multi-tenant inspections.
That chapter does not cover a single-family house. We could not confirm a statewide fence law for private backyard pools.
Who is responsible for a pool accident in Dallas?
| Pool | Who is responsible | Rule to know |
|---|---|---|
| Apartment or HOA pool | The owner or manager | Chapter 757 fence and gate rules. Generally 2 years to sue. |
| Hotel, club or other public pool | The operator | The enclosure must meet the Dallas Building Code. Lifeguard records are kept three years. |
| City of Dallas pool | The city | Recreation is a governmental function, and the city's cap is $250,000 per person. Written notice in six months. |
| Private backyard pool | The homeowner | A child may recover if the pool was a highly dangerous artificial condition. |
| Drain or equipment | The maker or installer | A drain cover has to meet the federal entrapment standard. |
What if a child was hurt in a Dallas pool?
We are sorry. Children under 15 have about 5,900 pool or spa emergency room visits a year, and 71 percent of them are under 5. CPSC counts 376 reported drownings a year in children under 15. A 2013 City of Dallas briefing said Dallas County outranked other counties in the region for fatal and nonfatal drowning.
A drowning that is not fatal can still cause brain damage or permanent disability. Ask the hospital for follow-up care and keep every record.
The time to sue does not run while a child is under 18. A six-month notice to a government does not get that extra time.
Does the City of Dallas pay for accidents at its pools?
Only through a claim, and the clock is short. The city's Park and Recreation Department tells swimmers to use areas supervised by a lifeguard. Written notice must say when, where and how you were hurt, how badly, and the amount of damages. Claims go to the Office of Risk Management, and an adjuster should contact you within three working days.
Dallas Aquatics, citing the CDC, says drowning is the leading cause of death for children ages 1 to 4.
What should you do after a Dallas pool accident?
- Call 911. Tell doctors how long the person was under water.
- Photograph the fence, the gate and the latch before anyone repairs them.
- Write down who owns or manages the pool and who was on duty.
- For a public pool, ask for the lifeguard records. They are kept three years.
- For a City of Dallas pool, send written notice within six months.
- Request hospital records. Parkland's office is at 5200 Harry Hines Blvd., Suite 01-603.
Can a pool drain hurt a swimmer?
Yes. Federal law sets an entrapment standard that drain covers must meet. A public pool with only one main drain needs added protection. If a drain held someone down, photograph the cover and ask the owner in writing who installed it.
Questions
How long do I have to sue after a pool accident in Dallas?
Generally 2 years in Texas. For a City of Dallas pool, written notice is due in six months.
Can I sue over a neighbor's backyard pool?
Possibly. Texas can hold an owner liable to a child for a highly dangerous artificial condition. The facts decide it.
What if the landlord left the pool gate broken?
A tenant may sue for failure to follow the fence law. Also report it to Dallas Code Compliance, which checks pool safety.
Where can families get help after a drowning?
The county Medical Examiner charges families nothing for its services. Its office is at 2355 N. Stemmons Freeway, 214-920-5900.
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See if I’m owed moneySources (30)
- Dallas City Code Sec. 43A-3.1, checked 2026-11-09. “The provisions of Texas Health and Safety Code Chapter 757, as amended, apply and supersede any regulations in this chapter for pools owned, controlled, or maintained by the owner or manager of a multiunit rental complex”
- 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.”
- Tex. Health & Safety Code 757.004, checked 2026-11-09. “have a self-closing and self-latching device”
- Dallas City Charter, Chapter XXIII, Section 1, checked 2026-11-08. “within six months after the injury was received”
- Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
- 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”
- Dallas Aquatics, Learn to Swim, checked 2026-11-09. “drowning is the leading cause of death for children ages 1-4, exceeding all other causes of accidental death”
- Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-08. “the time of the disability is not included in a limitations period”
- 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.”
- 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”
- City of Dallas Code Compliance, Multi-Tenant Inspection Program, checked 2026-11-09. “Unsound stairs, rails or balconies > - Trip hazards • Holes or cracks in walls > - Inadequate security lighting > - Pool safety”
- Dallas City Code Sec. 43A-11, checked 2026-11-09. “The pool enclosure must comply with requirements of the Dallas Building Code”
- 25 Tex. Admin. Code 265.191, checked 2026-11-09. “The following records pertaining to lifeguards must be kept three years”
- Tex. Civ. Prac. & Rem. Code 101.0215, checked 2026-11-09. “recreational facilities, including but not limited to swimming pools, beaches, and marinas”
- 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”
- 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”
- 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”
- CPSC 2026 Pool or Spa Submersion report, checked 2026-11-09. “There were, on average, an estimated 5,900 pool- or spa-related, hospital emergency department (ED)-treated, nonfatal drowning injuries each year for 2023 through 2025”
- CPSC 2026 Pool or Spa Submersion report, checked 2026-11-09. “an annual average of 71 percent of the ED-treated nonfatal drowning injuries”
- CPSC 2026 Pool or Spa Submersion report, checked 2026-11-09. “376 pool- or spa-related fatal drownings reported per year for 2021 through 2023”
- City of Dallas Budget, Finance and Audit Committee briefing, Apartment Complex Summer Swim (Nov. 4, 2013), checked 2026-11-09. “Dallas county outranks all other counties in this region for fatal and nonfatal drowning”
- 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.”
- Dallas Aquatics, Water Safety, checked 2026-11-09. “Swim in areas that are supervised by a lifeguard.”
- Dallas City Charter, Chapter XXIII, Section 1, checked 2026-11-08. “when, where, and how the exact injury occurred; (2) the full extent of the injury; and (3) the amount of damages claimed or asserted”
- Dallas City Code, Sec. 2-81, checked 2026-11-08. “shall file the claim with the office of risk management”
- City of Dallas, How to File a Claim, checked 2026-11-08. “Within three working days after receiving your claim , a claim adjuster will contact you”
- Parkland Health, Medical Records, checked 2026-11-08. “5200 Harry Hines Blvd, 1st floor, Suite 01-603”
- 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”
- Southwestern Institute of Forensic Sciences, FAQs, checked 2026-11-08. “There are no charges for medical examiner services performed for your loved one.”
- Southwestern Institute of Forensic Sciences, Contact Us, checked 2026-11-08. “2355 N. Stemmons Freeway, Dallas, TX 75207 Telephone: (214) 920-5900”