Drownings and near drownings can change a family’s life in minutes. Oxygen loss can cause severe brain damage, lasting physical disability, or the sudden loss of a child or adult. In the middle of medical decisions, grief, and questions about what happened, it can be hard to know where to turn.
If your loved one was involved in a drowning incident in the Austin area, Howry Breen & Herman, LLP can help you understand your legal options. We represent families in serious injury and wrongful death cases involving pools, lakes, rivers, and waterparks. Our team has nearly 25 years of trial experience in Austin area and Central Texas, and we handle complex negligence claims with care and precision.
You can reach our firm at (512) 430-4844 to talk with a drowning accident attorney Austin families can rely on during difficult times.
Drowning & Near Drowning In Austin
Austin’s pools, lakes, and rivers are part of daily life. Families swim at apartment and condominium pools, hotel pools near downtown, neighborhood pool facilities, and public places. Many residents and visitors also enjoy Lake Travis, Lake Austin, and Lady Bird Lake. Any of these locations can become the setting for a tragedy when safety rules are ignored.
Drowning incidents are not limited to deep water or strong currents. A child can drown in a few inches of water and a near drowning can cause serious harm even if the person survives. Oxygen deprivation can lead to severe brain damage that affect speech, movement, memory, and personality. Survivors may need intensive rehabilitation, assistive equipment, and in some cases round the clock care for the rest of their lives.
Property owners and operators in Texas have legal duties to keep their premises reasonably safe for lawful visitors. In the context of pools and water features, this can involve maintaining secure fencing and gates, posting clear depth and warning signs, keeping water clean and clear enough to see swimmers, and providing adequate supervision where appropriate. At lakes and rivers, marinas, event venues, and businesses that host water activities must address known hazards and follow safety rules that apply to their operations.
Who May Be Responsible
One of the most confusing parts of a drowning case is figuring out who may be legally responsible. In many situations, more than one person or company plays a role. Texas law allows injury and wrongful death claims to be brought against parties whose negligence contributed to the incident, and identifying those parties requires careful investigation.
Parties that may be liable in a drowning case include:
Apartment complexes, hotels, and property management companies that operate pools or hot tubs
Homeowners and short term rental hosts who fail to maintain safe conditions
Homeowners associations or neighborhood pool boards responsible for community facilities
Schools, camps, or childcare providers responsible for supervising children near water
Manufacturers of defective pool drains, covers, or safety equipment
Our drowning accident lawyer evaluates the specific facts of your situation. We gather records, review photographs and video, and consult with appropriate professionals to understand what safety rules applied and how they were breached. You do not need to know exactly who is at fault before calling us. Part of our role is to uncover how this happened and to pursue accountability from those responsible.
What To Do After A Drowning
Every drowning and near drowning situation is different, and your first priority is always safety and medical care. At the same time, certain steps can help protect your family’s rights if there is a possibility that negligence played a role. Taking these steps is often difficult in the middle of a crisis, so we encourage families to do what they can and to reach out for help as soon as they are able.
Helpful steps to consider after a drowning incident:
Seek emergency medical attention and follow up with specialists, even if the person seems to have recovered.
Ask a trusted friend or family member to preserve photos or video of the pool, dock, or other location, including gates, fencing, and warning signs.
Request basic incident information from the property owner or manager, such as the name of their insurance carrier, without giving detailed statements about blame.
Keep copies of medical records, discharge papers, and any written communication you receive from insurers or businesses involved.
Be cautious when speaking with insurance adjusters and consider talking with a drowning attorney before providing detailed statements.
A drowning attorney Austin families trust can help you navigate these steps and reduce the stress of dealing with multiple entities. When you contact our firm, we listen to your account of what happened, answer questions about Texas law, and discuss how we can communicate with insurers and property owners on your behalf. Our goal is to give you space to focus on your loved one and your family while we address the legal issues.
How Our Austin Team Helps
Handling a drowning or near drowning case requires a mix of legal skill, careful investigation, and sensitivity to the emotional impact on the family. At Howry Breen & Herman, LLP, we approach these cases as serious litigation matters while keeping your needs at the center of every decision. From the beginning, we explain the process and what you can expect if we move forward together.
Our work typically starts with a detailed review of what happened and how your family has been affected. We collect medical records and speak with treating providers so we can understand the nature of any brain injury or other physical harm. When appropriate, we consult with experts in fields such as pool safety, aquatic standards, or human factors to evaluate whether the conditions at the site met accepted safety practices.
Because our attorneys prepare cases as if they will go to trial, we focus on building a clear narrative supported by evidence. Advanced trial science and modern courtroom technologies can help juries understand complex subjects like oxygen deprivation, cognitive deficits, and long term care needs. This approach has contributed to significant verdicts and settlements for clients facing catastrophic injuries and wrongful death.
Frequently Asked Questions
Do I have a case if my child drowned in a pool?
You may have a case if a property owner, operator, or another party failed to take reasonable safety steps and that failure contributed to the drowning. Our attorneys review factors like fencing, gates, supervision, and warnings. We can evaluate the circumstances and explain whether a legal claim is available.
Who can file a wrongful death claim after a drowning?
Under Texas law, certain close family members, such as a surviving spouse, children, or parents, may be able to bring a wrongful death claim. The details can be complex, especially when multiple relatives are involved. We discuss your family’s specific situation and outline which claims may be available.
How long will a drowning case in Austin take?
The length of a drowning case depends on factors like how disputed liability is, the severity of injuries, court schedules, and whether trial becomes necessary. Some matters resolve within many months, while others take longer. We keep you informed about timelines and work to move your case forward efficiently.
What will your team do to investigate my loved one’s drowning?
Our team gathers evidence about the site, reviews incident and medical records, and identifies safety rules that may have been violated. We may consult with appropriate experts to analyze pool or water conditions and supervision practices. Using this information, we build a detailed picture of what went wrong and who should be held accountable.
Talk With Our Attorneys About Your Next Steps
If a drowning or near drowning has affected your family, you do not have to sort through liability, insurance, and legal questions alone. Speaking with our attorneys can give you a clearer understanding of your options and what a claim could mean for medical care, financial security, and accountability.
I could not have found more caring people, better lawyers or a better law firm than Howry Breen & Herman.
M.A.
“We are so grateful they believed in us and partnered with us to handle this case!”
We don’t have enough words to describe how thankful we are for everything HBH did to win our business case for us. We are so grateful they believed in us and partnered with us to do it. They are amazing at what they do and we could not have had a better team. They made an enormous, positive difference for us and our business. I could not recommend them more highly.
J.K.
“We were always one step ahead!”
My lawyers at HBH were so smart and aggressive – we were always on offense and one step ahead. They just kept hammering and the other side had no answer.
T.B.
“Best in the Business, Strongly Recommend”
HBH went above and beyond to help out following a crisis. Over the course of a 3 year case, I was always kept in the loop by their amazing team. Their preparation and execution was flawless and made the whole process run smoothly. Cannot speak highly enough of their team and how they care for their clients. Will never recommend another personal injury firm besides HBH.
Since 1997, the "Lead Counsel Verified" status has been granted to attorneys who possess:
- The Right Professional Experience
- A Spotless Record
Law.com: Top 100 Verdicts 2024
Howry, Breen & Herman is proud to have been named a Tier 1, 2 and 3 Austin “Best Law Firm” in 9 practice areas by U.S. News – Best Lawyers® (“U.S. News” and BL Rankings, LLC). Law firms are selected for inclusion in this prestigious ranking based on a series of quantitative and qualitative criteria. Our specialty and tiers are listed here: https://bestlawfirms.usnews.com/profile/howry-breen-herman-llp/overview/36628
The Austin Bar Association was founded in 1893 as a nonprofit professional organization for attorneys. Its mission is to enhance the legal profession, administration of justice, and the community through education, networking, and public service.
Abota Foundation Patriot
Howry Breen & Herman, LLP was selected the Top Personal Injury Law Firm in Austin by Texas Lawyer, “Best of 2020”. The annual special supplement contains the results of Texas Lawyer readers’ poll, wherein readers cast their votes for the best providers of services and goods to the legal profession.
Attorney Sean Breen and Attorney Chris Lavorato placed in California’s Top 100 Settlements for 2019, as tracked by The Recorder and VerdictSearch.
Our law firm is proud to have been recognized in the Texas Verdicts Hall of Fame. Texas Lawyer in conjunction with VerdictSearch, recognize attorneys and law firms for their verdicts of $10 million or more. In 2011 Sean Breen was a Hall of Fame Award Recipient for the #1 Premises Liability Top Texas Verdict, awarded by Texas Lawyer, for the jury verdict award in the case VanDusen v. Aspen Square Management. In 2016 Sean Breen was inducted into the Texas Verdicts Hall of Fame, awarded by Texas Lawyer, for an outstanding verdict in Nester v. Textron.
Selection to America’s Top 100 Personal Injury Attorneys® is by invitation only and is reserved to identity the nation’s most exceptional litigators for high-value personal injury, catastrophic injury, wrongful death, product liability, and medical malpractice matters. HBH is proud that Sean Breen has been selected for this award. Less than one-half percent (0.5%) of active attorneys in the United States will receive this honor — truly the most exclusive and elite level of attorneys in the community. (2017-2022)
Best Lawyers - Lawyer of the Year | Personal Injury Litigation – Plaintiffs (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Best Lawyers - Lawyer of the Year | Litigation - Trusts & Estates (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Best Lawyers - Lawyer of the Year | Personal Injury - Plaintiffs (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Lifetime Achievement selection to America’s Top 100 Attorneys® is by invitation only and is reserved to identify the nation’s most exceptional attorneys whose accomplishments and impact on the legal profession merit a Lifetime Achievement award. Selection is not achieved based on a single accomplishment or a single great year of success, but rather on a lifetime of hard work, ethical standards, and community enriching accomplishments that are inspiring among the legal profession. Both Sean Breen (since 2017) and Randy Howry (since 2018) are honored to receive this award.
America’s Top 100 High Stakes Litigators® is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters. To be considered for selection, an attorney must have litigated (for either plaintiff or defendant) a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake. These minimum qualifications are required for initial consideration. Thereafter, candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state. HBH is privileged to honor Partners Sean Breen (2017- 2022) and Randy Howry 2017, 2019, 2020 and 2021 for selection of this award.
Expertise - Howry Breen & Herman was recognized and featured in an article by expertisecommunity.com as one of the Best Real Estate Lawyers in Austin. 2020
America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements. It is a tremendous honor for Sean Breen (member since 2019) and Randy Howry (member since 2020) to be recognized among this elite group.
America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements. It is a tremendous honor for Sean Breen (member since 2019) and Randy Howry (member since 2020) to be recognized among this elite group.
The National Trial Lawyers – Top 100, a highly respected legal organization that limits its members to premier trial attorneys who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by strict qualification requirements. Sean Breen Top 100 Civil Plaintiff, since 2009.
Top 10 Business Tort Trial Lawyers by the National Trial Lawyers. Randy Howry 2012-2013; Sean Breen since 2016.
The Best Lawyers in America® recognizes the top 5% of the most skilled attorneys in the nation. The robust selection process requires attorneys to nominate and review fellow lawyers based on their ethics, skill, knowledge, and ability to obtain results for their clients. The Best Lawyers in America® list is a way for plaintiffs to identify the leading attorneys in their region, known for their ability to get results with honesty, strength, and skill. Tim Herman, Sean Breen & Randy Howry have been featured by The Best Lawyers in America® (consecutively from 2006-2023) running alongside some of the most qualified firms in the nation. More info here.
Top Attorneys As Published In Texas Monthly
Sean Breen has been recognized for obtaining the Number 1 Verdict in Texas for electrical injury and utility negligence. This win underscores his relentless commitment to achieving justice for his clients and showcases the firms dedication to exceptional advocacy.
Sean Breen was honored by TopVerdict.com for recovering one of the Top 50 Verdicts in Texas in 2017. This is an honorable distinction, reserved for those attorneys that achieve the highest settlements and verdicts in the state.
Sean Breen was honored by TopVerdict.com for recovering one of the Top 50 Verdicts in Texas in 2016. This is an honorable distinction, reserved for those attorneys that achieve the highest settlements and verdicts in the state.
Sean Breen has been a member of the Multi-Million Dollar Advocates Forum since 2011, a renowned legal organization whose membership is restricted to trial attorneys who have achieved seven-figured settlements and/or jury verdicts.
Martindale-Hubbell® is widely regarded as one of the most renowned peer-review rating organizations in the legal field. Randy Howry (2018), Sean Breen (2001), Tim Herman (1998), and Glen Wilkerson (2014) at Howry, Breen & Herman have achieved the organization’s highest distinction of AV Preeminent®.
Each year, Super Lawyers® magazine publishes its list of peer-nominated/evaluated and independently reviewed attorneys. We are proud to have attorneys who have been selected for inclusion in the prestigious Texas Super Lawyers® List, by Thomas Reuters since 2003, running through 2020.
Membership in Top American Lawyers is limited to only 1% of all attorneys in the United States. Randy Howry is proud to be honored with a Lifetime Charter Membership in this exclusive organization (2017).
Randy Howry was honored by Austin Monthly’s Top Attorneys in 2023.