Drowning and near-drowning incidents in Georgia are devastating events that often result in life-altering consequences or the tragic loss of a loved one. These incidents can usually be traced back to negligence at a private swimming pool, public facility, lake, or water park. At Ashby Thelen Lowry, our Atlanta personal injury attorneys help families seek justice when a drowning results from another party’s failure to ensure safety.
Common Causes of Drowning and Near-Drowning
Many drowning incidents are preventable. Understanding the primary causes can help identify whether negligence played a role in the event.
Common contributing factors include:
- Lack of Proper Supervision – Children and inexperienced swimmers require vigilant supervision. When lifeguards, caregivers, or property owners fail to monitor individuals in the water, the risk of drowning increases.
- Unsafe Pool Conditions – Poorly maintained pools with faulty drains, broken ladders, or slippery surfaces create hazards that can lead to devastating consequences.
- Lack of Barriers or Security Measures – Georgia law requires safety measures such as fencing and self-latching gates around pools. If a property owner neglects these requirements, they may be liable for the resulting harm.
- Inadequate Warning Signs – Natural bodies of water, hotel pools, and public swimming areas should have clear warnings about depth changes, strong currents, or dangerous conditions.
- Defective Pool Equipment – Malfunctioning pool drains, defective flotation devices, or improperly installed diving boards can cause severe injuries or fatalities.
Who Can Be Held Responsible?
When a drowning or near-drowning incident occurs due to negligence, multiple parties may be liable, including:
- Property Owners and Managers – Whether at a private residence, apartment complex, or hotel, owners are responsible for maintaining a safe environment and enforcing pool safety measures.
- Lifeguards and Staff – If a facility employs lifeguards, they must be adequately trained and attentive. Failure to intervene or respond appropriately could result in liability.
- Schools and Camps – Organizations that provide swimming activities must ensure that trained professionals supervise and that all safety guidelines are followed.
- Manufacturers of Pool Equipment – If defective equipment contributed to the incident, the company that designed, produced, or sold the faulty product could be held accountable.
Legal Options for Victims and Their Families
If negligence contributed to a drowning, the victim or their family may have legal grounds to pursue compensation. A claim could help recover medical expenses, pain and suffering, lost wages, and wrongful death damages.
At Ashby Thelen Lowry, we understand these tragedies’ profound impact on families and are committed to holding negligent parties accountable. If you or a loved one has been affected by a drowning or near-drowning in Georgia, contact our Atlanta personal injury attorneys today for a free consultation.