Find a swimming pool accident lawyer in El Paso: apartments, city pools and county pools
Who answers for a pool injury in El Paso depends on who runs the pool. At a city pool, sworn notice to the Mayor is due within 90 days. At a county pool, notice is due within six months. For an apartment or private pool, Texas generally gives 2 years to sue.
Last checked November 9, 2026 · Official sources (34)
Who is responsible for a pool accident in El Paso?
| Kind of pool | Local rule | Who may pay | First deadline |
|---|---|---|---|
| City pool or natatorium, such as Marty Robbins or Veterans | City public pool code | City of El Paso, up to $250,000 per person | 90 days, sworn |
| County pool: Ascarate or another of the 3 county sites | County rules, including an hourly safety break at Ascarate | El Paso County, up to $100,000 per person | Six months |
| Apartment or HOA pool | Texas enclosure and gate rules | Owner's liability insurance | 2 years to sue |
| Hotel or paid commercial pool | License, depth markers, water tests, safety equipment | Business's liability insurance | 2 years to sue |
| Neighbor's or friend's pool | City barrier rule for home pools | Homeowner's insurance | 2 years to sue |
Texas treats a city's pools as a governmental function. That means the Tort Claims Act and its limits apply, so a claim against a city pool has to fit within that law. It does not mean nothing can be done. It means the deadline comes first.
What are the rules for apartment pools in El Paso?
Texas has a chapter just for pools at apartment complexes and homeowner associations. The fence around the pool yard must be at least 48 inches tall. Gates need a self-closing and self-latching device. A tenant, a member or another person can sue when the owner does not follow the chapter.
So if a gate at your complex was propped open, broken or would not latch, get a photo before someone fixes it. Save any text or email to the manager about that gate. If your complex is run by the Housing Authority, you are dealing with a unit of government, so notice rules can apply.
What if a child got hurt at a neighbor's pool in El Paso?
City code says the property owner and anyone in charge of the pool must keep the barrier, gates, locks and latches safe and working at all times. A homeowner's insurance policy is the usual source of payment. Texas law can also make an owner responsible when a dangerous man-made condition injures a child.
A home pool cannot be rented out in El Paso, for parties or anything else. If you got hurt at a rented pool party, tell your lawyer. The homeowner's policy may be questioned, and the city's rule may help show the owner was not careful.
What should a family do right after a drowning or near drowning in El Paso?
- Get medical care, even if your child seems fine. A nonfatal drowning can cause brain damage or lasting disability. El Paso Children's Hospital is part of the county hospital district, along with UMC.
- Do not drain, clean or fix anything if you control the pool. Ask the manager in writing to keep the gate, drain cover, chemical logs and video.
- Photograph the fence, the gate, the depth markers and any lifesaving equipment.
- Write down who was on duty. Texas requires lifeguard records at public pools to be kept for three years.
- Ask the city at 311 how to file a complaint or a records request about that pool.
If you have lost a child or someone you love, we are so sorry. The Medical Examiner on Alberta Avenue investigates sudden deaths and can tell you what they found. You do not have to figure this out alone or decide anything this week, except to know that the 90-day and six-month limits can run while you grieve.
Can a drain or equipment defect at an El Paso pool be the cause?
Yes. Federal law requires drain covers to meet an anti-entrapment standard, and public pools with a single main drain need added protection. If someone was pulled to a drain, keep the cover if you can and photograph it. The maker, the installer and the pool operator can all be part of the claim.
City spray parks work differently. There are no lifeguards, and the city says adults must supervise and that wet concrete is slippery. That may make a claim harder, but a broken feature or a sharp edge is a separate problem. Use the city's 90-day notice either way.
What should you ask a pool accident lawyer in El Paso?
- Who actually runs this pool: the city, the county, a management company or an owner?
- Can you get the sworn notice in on time if the city ran it?
- How do you handle a case where a child's brain was hurt?
- Will you ask for the pool's license, water test logs and lifeguard records right away?
- How would Texas's shared fault rule apply to a parent who was watching?
Questions
How long do I have to sue after a pool accident in El Paso?
Generally 2 years. A city pool needs sworn notice within 90 days, and a county pool needs notice within six months.
Does the 90-day rule stop for a child hurt at a city pool?
Do not count on it. Being a minor does not pause a government notice in Texas.
Who inspects public pools in El Paso?
City code sets standards for public pools, and the city's Code Enforcement page lists what commercial pools need. Call 311 to ask who checks a certain pool.
Can my apartment complex be sued for a broken pool gate?
It can, if it broke the Texas enclosure rules or was careless.
Swimming pool accident in El Paso? See if you are owed money.
A free case review. $0 upfront. No fee unless you win.
See if I’m owed moneySources (34)
- City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “shall within 90 days or within 6 months for good cause shown from the date the damage occurred or the injury was received, give notice in writing to the mayor”
- Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
- 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 757.002, checked 2026-11-09. “a pool owned, controlled, or maintained by the owner of a multiunit rental complex or by a property owners association”
- 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.”
- City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “shall be sworn to by the person claiming damages or by someone authorized by him to do so on his behalf”
- 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.”
- City of El Paso Parks and Recreation, checked 2026-11-09. “No Lifeguards on duty. Adult supervision is required”
- City of El Paso Parks and Recreation, checked 2026-11-09. “MARTY ROBBINS POOL”
- El Paso City Code, checked 2026-11-09. “The purpose of this chapter is to establish minimum standards for the operation and maintenance of public pools and spas to ensure the health and safety for users.”
- 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”
- El Paso County, checked 2026-11-09. “El Paso County Aquatics are based in 3 facilities across the county.”
- El Paso County, checked 2026-11-09. “A 10-minute safety break will take place 15 minutes before every hour.”
- Tex. Civ. Prac. & Rem. Code § 101.023, checked 2026-11-09. “liability of a unit of local government under this chapter is limited to money damages in a maximum amount of $100,000 for each person”
- City of El Paso Code Enforcement, checked 2026-11-09. “Annual water testing”
- El Paso City Code ordinance, 2010, checked 2026-11-09. “It is the responsibility of the property owner and any other person in responsible charge of a swimming pool to ensure that the required swimming pool barrier, including all gates, doors, locks, latches and other portions of the barrier are maintained safe and in good working order at all times.”
- Tex. Civ. Prac. & Rem. Code 101.0215, checked 2026-11-09. “recreational facilities, including but not limited to swimming pools, beaches, and marinas”
- Tex. Health & Safety Code 757.004, checked 2026-11-09. “have a self-closing and self-latching device”
- 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”
- HOME, checked 2026-11-09. “Housing Opportunity Management Enterprises is the Housing Authority of the City of El Paso”
- Tex. Local Gov't Code § 392.006, checked 2026-11-09. “including the application of the Texas Tort Claims Act (Chapter 101 , Civil Practice and Remedies Code), a housing authority is a unit of government”
- 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”
- City of El Paso Code Enforcement, checked 2026-11-09. “Residential pools CANNOT be rented out.”
- 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.”
- El Paso County Hospital District, checked 2026-11-09. “El Paso County Hospital District includes University Medical Center of El Paso”
- 25 Tex. Admin. Code 265.191, checked 2026-11-09. “The following records pertaining to lifeguards must be kept three years”
- City of El Paso, 311, checked 2026-11-08. “Sunday - Thursday 7:00 am to 11:00 pm Friday - Saturday 7:00 am to 2:00 am”
- El Paso County, Medical Examiner, checked 2026-11-08. “the determination of cause and manner of death in sudden, unexpected, or unexplained deaths occurring within the El Paso County”
- El Paso County, Medical Examiner, checked 2026-11-08. “4505 Alberta Avenue El Paso, TX 79905”
- City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “within 90 days or within 6 months for good cause shown from the date of the injury or accident causing such death”
- 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”
- 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”
- Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”