Swimming Pool Accidents
Swimming pools are a source of enjoyment in many Georgia homes and communities. Unfortunately, they are also a hazard. At Miller Legal Services, our Marietta premises liability lawyers can provide representation to people who have been involved in swimming pool accidents. With years of experience, we understand how to assert your right to the compensation that you deserve.Seeking Damages from a Property Owner after a Swimming Pool Accident
According to the Centers for Disease Control and Prevention, 10 people die from unintentional drowning each day. Of these, two are children 14 years of age or younger. This makes drowning the second-leading cause of death for children between one and 14 years of age. When it comes to swimming pool accidents, however, drowning is not the only way that a victim can be hurt. Near-drowning accidents, slip and falls, and diving mishaps can also cause significant harm.
If you have been injured in a swimming pool accident on someone else’s property, you may be able to file a lawsuit under the theory of premises liability. Under Georgia law, property owners have a duty to exercise ordinary case in keeping their premises safe for those who enter the land for “any lawful purpose.” This includes the obligation to eliminate dangerous conditions that are not open and obvious. If it is not possible to eliminate a hazard, property owners should warn guests about its presence.
Under Georgia law, property owners may also be liable when an “attractive nuisance” on their land harms trespassing children. For the purposes of premises liability law, a swimming pool is likely to be considered an attractive nuisance. Five elements must be present for a claim of attractive nuisance to be established:
- The property owner must have reason to believe that children will trespass on the property;
- The attractive nuisance must create an unreasonable risk of injury to children;
- The danger must be something that children are unlikely to comprehend or appreciate;
- The risk of injury to children must outweigh the usefulness of permitting the condition to persist; and
- The property owner must fail to exercise reasonable care to prevent children from being injured by the nuisance.
In certain situations, an accident victim may be able to take legal action against the manufacturer of a swimming pool. Georgia law holds manufacturers strictly liable for damages if the injured individual can demonstrate that a defect in the pool was the direct cause of his or her harm. The plaintiff does not need to establish the elements of negligence. Instead, the manufacturer may be held liable for having placed a defective product in the stream of commerce or failing to warn consumers of its dangers.
Typically, a swimming pool accident victim may seek damages such as medical expenses, lost wages and benefits, pain and suffering, rehabilitation costs, and more. If you have lost a loved one to drowning, you may be able to file a wrongful death claim to recover medical costs, funeral costs, loss of companionship, and other damages stemming from the death of your loved one.Consult a Marietta Lawyer to Pursue Compensation for Your Injuries
At Miller Legal Services, our Marietta injury attorneys have helped numerous accident victims pursue compensation for their harm, and we can help you as well. We provide each of our clients with skilled representation. Our firm also serves injured individuals from Roswell, Smyrna, and other Georgia communities. Call us at 770-284-3727 or contact us online to set up a free consultation.