Case Results · Serious Personal Injury · Brain Injury
$4,000,000 for a Four‑Year‑Old Who Nearly Drowned in an Apartment Pool
A child survived a drowning after entering an apartment pool through an unsecured gate. Brian Beckcom and VB Attorneys obtained a Confidential Multi-Million Dollar Settlement designed to support the child’s continuing care.
Case typeChild near-drowning, permanent brain injury
WhereApartment complex pool, Houston, Texas
DefendantsThe property owner and its management company (names confidential)
Resolved2015, before trial, with court approval
FirmVB Attorneys (Lead Attorney: Brian Beckcom)
A gate that should have latched
In 2013, a four-year-old boy lived with his family at an apartment complex in Houston. He had been diagnosed with autism and was making steady progress. While other children played nearby, he wandered away from his family. The gate to the pool had been left unsecured. He walked through it, and no one saw him go.
Residents of the complex found him underwater. They pulled him out and began chest compressions and rescue breathing, and he came back. Experts later estimated he had gone without oxygen for about 26 minutes.
What 26 minutes without oxygen took
He survived with a permanent brain injury. Before the drowning he had been gaining ground in speech, understanding, behavior, coordination and independence. Afterward he lost ground in all of them. He lost the words he had. He became afraid of water. His doctors concluded the damage was permanent and consistent with oxygen deprivation.
Texas law requires a pool at an apartment complex to be fenced, with gates that close and latch on their own. That rule is a promise to every parent who lives there. This complex had failed pool safety inspections before, including citations for missing safety latches on its pool gates.
The investigation turned up a history of pool safety violations at the complex and similar problems at other properties run by the same management company. The suit charged the property owner and the management company with negligence and gross negligence.
Blame the landscaper
After the boy was pulled from the water, management told employees to blame a landscaping company for leaving the gate open. That instruction came out in testimony.
A company that tells its employees what story to tell after a child is hurt has already told a jury what it thinks of the truth.
Explaining the additional harm
The medical evidence addressed the child’s abilities before the drowning and the changes afterward. That comparison mattered. The claim needed to establish the harm caused by oxygen deprivation and the care the child would need because of it.
Medical experts concluded that the drowning caused permanent brain damage. The loss of speech and greater dependence helped explain the practical consequences of the injury, including the need for continuing therapy and assistance.
$4,000,000, built to last his lifetime
As trial approached in 2015, the case resolved for $4,000,000. Part was paid when the case resolved. The rest bought an annuity that pays a trust set up for his care every month for the rest of his life.
Because he is a child, a court-appointed guardian ad litem reviewed the terms and advised the court that the resolution was in his best interest, and the court approved it.
The terms of the resolution keep the names of the family, the complex and the companies confidential. This page uses none of them.
What the evidence showed
The pool gate. Left unsecured, at a complex already cited for missing safety latches on its pool gates.
The inspection history. Failed pool safety inspections at the complex, and similar problems at other properties run by the same manager.
The instruction to employees. Testimony that management told employees to blame a landscaping company.
The medical evidence. About 26 minutes without oxygen and a permanent brain injury consistent with it.
The rule, and the result
Texas law for apartment poolsGates that close and latch on their own
This complex’s recordCited for missing safety latches
The result$4,000,000
A latch is a small thing to fix. This case was about what it costs when no one does.
In 2013, a four-year-old boy diagnosed with autism wandered through an unlatched pool gate at a Houston apartment complex and entered the water. Bystanders pulled him out and initiated CPR, but he had suffered approximately 26 minutes of oxygen deprivation, resulting in a severe, permanent brain injury. Investigation revealed the complex had repeatedly failed municipal safety inspections due to non-functioning, unlatched pool gates. In 2015, Brian Beckcom and VB Attorneys secured a $4,000,000 settlement—structured as an ongoing annuity to cover his specialized lifetime care—which received formal court approval following a review by a court-appointed guardian ad litem.
Under Texas law, property owners and management companies are held to strict safety standards regarding swimming pools. Specifically, Texas Health and Safety Code Chapter 757 mandates that all multi-family housing pool enclosures feature self-closing and self-latching gates. When a landlord or management entity fails to maintain these vital safety barriers or ignores documented inspection violations, they can be held liable under premises liability and gross negligence claims. Read more about serious injury cases.
Yes. To safeguard the rights and financial future of minors, Texas courts require judicial approval of personal injury settlements involving children. The court appoints an independent attorney, known as a guardian ad litem, to investigate the fairness of the settlement, evaluate the medical needs of the child, and ensure the recovery funds are properly structured. Upon receiving the guardian ad litem’s favorable recommendation, the court enters a formal order approving the settlement and establishing secure financial management vehicles, such as special needs trusts or structured annuities.
The $4,000,000 resolution was structured to provide guaranteed, lifetime financial stability. Rather than distributing the funds as a single lump sum that could run out over time, the recovery was divided: an initial cash payment addressed immediate legal and medical expenses, while the remainder funded a custom structured annuity. This annuity yields guaranteed monthly distributions paid directly into a specialized care trust, ensuring continuous funding for therapy, medical supervision, adaptive equipment, and daily support throughout the boy’s life.
Families should immediately preserve key evidence before the property management alters or repairs the scene. Important steps include photographing or video-recording the defective pool gate and latch mechanisms, obtaining incident reports from police and emergency medical responders, identifying eyewitnesses, and requesting local municipal code inspection records. Avoid providing recorded statements to insurance adjusters or signing liability releases without legal counsel. While Texas generally enforces a two-year statute of limitations for personal injury claims, initiating an immediate legal investigation is crucial for securing physical evidence. VB Attorneys offers confidential, free case evaluations to assist families navigating catastrophic pool injuries. Call (877) 724-7800 or contact our experienced legal team online.
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