Are you suffering the loss of a loved one from a drowning incident? This type of death may not be as rare as you thought. As it turns out, Georgia deems drowning as an important injury concern. Drowning was once the second leading cause of death for children between the ages of one and four. Furthermore, between the years of 1999 and 2001, there were 351 Georgia residents who drowned, leading to an average of nearly 117 per year. With that in mind, it is important to know and understand your legal rights.
Potential Legal Claims
If you have a drowning case, Georgia provides several avenues, or legal arguments, for recovery.
- Premises liability: With this, and in regards to children, Georgia recognizes the attractive nuisance doctrine. Basically, landowners must keep their property safe and free of dangers that could potentially harm children that trespass onto the land. Georgia law requires landowners to take reasonable steps to protect trespassing children. For example, the landowner can erect a fence around the pool to prevent children from entering the water. In terms of trespassing adults, Georgia law maintains that the property owner is only liable for injuries incurred from the landowner’s willful or wanton conduct.
- The lifeguard’s negligent supervision: Georgia law has a number of strict lifeguard rules and procedures that must be adhered to. If a lifeguard strays away from normal procedure, and a person drowns, this may be compelling evidence in your case.
- The pool owner fails to provide proper supervision or equipment: This can be another avenue to recover in your drowning case. For instance, a pool owner may be held liable for a drowned teenager if the diving board was not properly maintained and broke as the teen ran across it. Initially, however, please note that if you seek to sue a public pool, one operated solely for public benefit instead of revenue, your claim will likely be barred unless the owner of the pool purchased insurance.
There are countless avenues for recovery if your loved one drowned. For this very reason, it is critical to hire an experienced personal injury attorney. An attorney will study the facts of your case and apply relevant Georgia law in working towards a persuasive argument for recovery. The attorneys at Goldstein Hayes & Lina, LLC are consistently ranked in as the top and best personal injury lawyers in Atlanta. Call our office today for a free consultation.