Find a swimming pool accident lawyer in Midland: city pools, apartments and backyards
Who owns the pool sets your deadline. A claim over a City of Midland pool needs written notice within 60 days. An apartment or HOA pool must have a fence at least 48 inches high with a self-latching gate. A pool injury suit generally has to be filed within 2 years.
Last checked November 9, 2026 · Official sources (31)
Who runs the public pools in Midland?
The City of Midland. It runs two pools, the Washington Aquatic Center and Doug Russell Aquatics, plus splash pads. Entry at Doug Russell, 900 N. Midland Drive, is $5 a person. City rules say children 14 and under must be with a supervising adult over 18.
Under Texas law, running a city pool is a governmental function. That means a claim has limits. A city's liability for money damages tops out at $250,000 per person and $500,000 per occurrence.
The City of Midland charter sets a 60 day written notice to the mayor and city council. The notice has to give the amount you will settle for, your address and the names of any witnesses. Send it to Risk Management, PO Box 1152, Midland 79702, 432-685-7246. The city says a decision should come within four weeks once all documents are in.
Which rules apply to my Midland pool by type?
| Type of pool | Who may owe you | What to know |
|---|---|---|
| City pool or splash pad | The City of Midland | 60 day notice, damages capped, 2 years to sue |
| Apartment or HOA pool | The owner or the association | 48 inch enclosure and self-latching gate; a tenant or member can sue over a violation |
| Backyard pool | The homeowner, through insurance | The city asks owners to install self-closing, latching fences and gates |
| Pool with a faulty drain | The pool owner or the drain maker | Drain covers must meet the federal entrapment standard |
Midland's pool permit application goes through the Development Services Department, 432-685-7390. Find out if the pool was ever permitted. A missing permit is a clue, not a verdict.
What if a child was hurt in a pool in Midland?
Nationally, pool drowning is the leading cause of death for children ages 1 to 4, and nonfatal drowning can cause brain damage or permanent disability.
A child's own deadline to sue is paused until age 18. The notice rule for governments is different. A Texas court has held that being a minor does not pause the 6 month notice. If a city or public property was involved, do not wait.
Texas can hold an owner liable when a child is hurt by a highly dangerous artificial condition on land. That can matter for an unfenced pool.
What should I do after a pool accident in Midland?
- Call 911. Midland Fire's medics cover the city and the county alike.
- Go to the emergency room, such as Midland Memorial, which is a Level 3 trauma facility.
- Photograph the gate, the fence, the drain cover and any sign.
- Ask the owner or manager for an incident report. Write down names and times.
- Keep the swimsuit, floats and anything that failed.
- For a city pool, send written notice within 60 days.
For a long recovery, Encompass Health Rehabilitation Hospital of Midland Odessa lists brain injury rehabilitation.
How long do I have to sue after a pool accident in Midland?
Two years in most cases. For a government pool, the notice comes first: 60 days under the Midland charter, 6 months under state law. A person who is more than 50 percent at fault cannot recover.
Questions
Do Midland homes need a fence around a backyard pool?
We did not find a Midland rule on backyard fences. The city asks owners to install self-closing fences and gates that latch. Texas's 48 inch rule covers apartments and HOAs, not single-family yards.
Who investigates a pool death in Midland?
The Midland County Medical Examiner determines cause and manner of death, at 301 S. Main St., Bldg. H, 432-688-4795.
Can I sue a hotel or apartment pool in Midland?
Yes, if the owner broke a safety duty. Apartment and HOA pools have the Texas barrier rules, and a tenant can sue over a violation.
Swimming pool accident in Midland? See if you are owed money.
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See if I’m owed moneySources (31)
- City of Midland Charter, Sec. 8, checked 2026-11-08. “duly verified within sixty days after the same has been sustained”
- 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”
- 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. 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 § 16.001, checked 2026-11-08. “the time of the disability is not included in a limitations period”
- City of Midland, Parks & Recreation, checked 2026-11-08. “consists of 29 neighborhood parks, nine pocket parks, eight community parks”
- City of Midland, checked 2026-11-09. “From August 10 through Closing Day on September 7, only one pool is open each day.”
- City of Midland, Doug Russell Aquatic Center, checked 2026-11-08. “Entry fee is $5 per person; children under 2 are free”
- City of Midland, checked 2026-11-09. “Children 14 and under must be accompanied by a supervising adult over the age of 18.”
- 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”
- City of Midland Charter, Sec. 8, checked 2026-11-08. “shall give the mayor and city council notice in writing of such injury”
- City of Midland Charter, Sec. 8, checked 2026-11-08. “the amount for which the claimant will settle”
- City of Midland, Process for Filing a Claim, checked 2026-11-08. “Risk Management Division City of Midland PO Box 1152 Midland, TX 79702”
- City of Midland, Risk Management Division, checked 2026-11-08. “a decision should be reached within four weeks”
- 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 757.012, 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”
- City of Midland news release, May 25, 2016, checked 2026-11-09. “Install barriers such as self-closing fences and gates that latch around personal pools.”
- 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”
- City of Midland Development Services, checked 2026-11-09. “Swimming Pool PERMIT APPLICATION”
- CDC, checked 2026-11-09. “More children ages 1–4 die from drowning than any other cause of death.”
- 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.”
- 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. 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 Midland, About MFD, checked 2026-11-08. “provides fire protection and emergency medical services”
- Midland Health, Our Services, checked 2026-11-08. “is a Level 3 Adult Trauma Center”
- Encompass Health, checked 2026-11-09. “Traumatic brain injury rehabilitation, also known as TBI rehab, restores physical and cognitive function after brain trauma.”
- 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”
- Midland County, Office of the Medical Examiner, checked 2026-11-08. “plays a critical role in determining the cause and manner of death”
- Midland County, Office of the Medical Examiner, checked 2026-11-08. “432-688-4795”