Swimming Pool Accident Lawyers, GA
Helping Injured Clients Hold Negligent Property Owners Accountable
Swimming pool injuries are very common in Georgia, especially during the warmer months. Unfortunately, many swimming pool injuries often result in fatalities among children and young adults, and many more lead to severe physical impairments such as paralysis and traumatic brain injuries. Learn what rights you may have to seek compensation if you or a loved one was injured in a swimming pool accident caused by a negligent pool owner. The Scott Pryor Law Group represents swimming pool accident victims and their families all across Georgia. Contact us at 678-325-3434.
What Are the Most Common Swimming Pool Injuries?
It goes without saying that the number one cause of accidental deaths in swimming pool incidents is drowning. Georgia is said to rank among the 5 top states for the number of drowning victims, with a large percentage of casualties affecting children between the ages of 1 and 4. But besides drowning, swimming pools can be associated with a wide variety of other serious and often life-altering injuries.
Slip-and-fall incidents on the pool deck and surroundings and shallow diving accidents can often result in broken bones, concussions, and soft tissue trauma. Many people also end up suffering spinal cord injuries that lead to paralysis or brain damage caused by a near-drowning event and oxygen deprivation.
Who Is at Fault for a Swimming Pool Accident?
Determining fault for a swimming pool accident can be complicated, as liability can fall on the victim, the property owner, the party responsible for supervising swimmers, or even the party responsible for maintaining the pool and pool equipment. For example, if the swimmer was at a hotel pool and got injured after engaging in horseplay, the injured swimmer would most likely be responsible for their own injuries.
However, if the injury was caused by a broken or defective pool part, the pool owner might be held responsible. For example, if a swimmer gets hurt after using a diving board that was improperly secured, the pool owner or party responsible for maintaining the pool may be liable for any damages. The same may apply to pools owned by private businesses (such as hotels, resorts, and condos), HOAs, and pools in private residences. City and government-owned pools may be covered by the Georgia Recreational Property Act and thus may have governmental immunity. An attorney can help you identify who may be at fault for your swimming pool accident.
What Is the “Attractive Nuisance” Doctrine?
In Georgia, the attractive nuisance doctrine is an exception to the premises liability rule. It states that property owners must take reasonable care to ensure that their property is free from potential dangers that might be attractive to children, such as swimming pools, trampolines, and other pieces of playground equipment.
The property owner is expected to take steps to protect children from potential harm by either eliminating or addressing the hazardous condition. Owners of properties with a swimming pool may need to install adequate fences, gates, and warning signs. If a property owner fails to take these steps and a child is injured, the property owner may be held liable for the child’s injuries. The attractive nuisance doctrine may apply even if the child is trespassing on private property.
Can the Surviving Family Members of a Drowning Victim Get Compensation?
Unfortunately, many swimming pool accidents lead to fatalities. In cases where someone died in a swimming pool accident due to the property owner’s negligence, the surviving relatives of the decedent may initiate a wrongful death claim to recover compensation.
A wrongful death claim is similar to a personal injury claim in which the plaintiff is seeking damages compensation from a defendant whose negligent actions resulted in injuries and losses. However, in the case of a wrongful death claim, the victim’s injuries were so severe that they caused the victim’s death. The surviving relatives of the victim may initiate a lawsuit on behalf of the decedent. If they can prove that the property owner was negligent and thus responsible for the fatal accident, they may be able to recover compensation for financial losses (such as hospital bills, lost wages, and final expenses) and non-economic damages, such as pain, suffering, and loss of consortium.
What Kind of Damages Can You Recover for a Swimming Pool Accident?
Economic damages in a personal injury lawsuit are those that have a direct financial cost associated with them. This category of damages typically includes medical bills, lost wages, and other out-of-pocket costs, such as the cost of physical therapy, prescription medications, home medical devices, or long-term nursing care.
Non-economic damages, on the other hand, are more subjective and do not have a direct financial cost associated with them. They can include pain and suffering resulting from the injury and recovery process, mental anguish, loss of enjoyment of life, and other subjective effects of the accident. Non-economic damages may also include compensation for any physical or emotional trauma caused by the injury, such as permanent disability or disfigurement. Additionally, non-economic damages can be used to cover any losses in quality of life or earning potential that the injury may have caused. It is important to have a knowledgeable swimming pool accident lawyer on your side to guide you through the steps of filing a claim and negotiating a fair settlement.
If you or a loved one was hurt in a swimming pool accident caused by a negligent property owner, the The Scott Pryor Law Group can help. Contact our team of skilled personal injury attorneys by calling 678-325-3434 and requesting a no-commitment consultation to discuss your case and learn your options.