Swimming pool accidents can result in life-changing injuries that negatively impact one’s quality of life. Whether you or your child was hurt in a swimming pool accident in Atlanta, you could seek compensation for your damages.
Our Atlanta personal injury lawyers can work to recover damages for your healthcare expenses, lost income, and pain and suffering. If you are filing a wrongful death case, your compensatory damages could comprise loss of consortium, loss of parental guidance, and funeral expenses. Kaine Law has decades of experience. We encourage you to connect with our team at your earliest convenience.
Pool Accident Cases We Handle
Pool accidents can occur in a variety of environments, including the following:
- Private pools
- Public pools
- Health club pools
- School pools
- Boating accidents
- Waterpark and amusement park pools
- Neighborhood and community pools
- Apartment complex and condominium pools
- Hotel and motel pools
For a free legal consultation with a swimming pool accident lawyer serving Atlanta, call 404-214-2001
Swimming Pool Accidents Are Premises Liability Cases
In a premises liability case, you must show that a property owner did not take adequate precautions to keep you (or your loved one) from getting hurt. Our law firm can use security camera footage, the accident report, and testimony from your doctors to prove that negligence led to your injuries.
Some elements that may have led to your swimming pool accident include:
- A lack of lifeguards, or poorly trained or negligent lifeguards
- Slippery surfaces
- Chipped or broken tiles or broken glass
- Loose swimming pool drain caps
- Unmarked depth zones
- Improper water levels (too shallow or deep)
- Murky or unclear water that obscured underwater hazards
- Broken steps (or steps without rails)
- Hazardous pool chemicals
- Diving board or slide defects
- Inadequate access to life-saving equipment, such as floatation devices
- Inadequate fencing, locks, or latches
- Lack of warning signs
- Defective pool lights
- Overcrowding
- Design or building violations
- Drowning, near-drowning, and circulation entrapment
- Electrocution
You generally have two years to file a swimming pool accident lawsuit in Atlanta, per O.C.G.A. § 9-3-33. You have the same period to file a wrongful death case if you lost a loved one. Our firm will do everything necessary to investigate your situation and file your case within the correct period.
For a free legal consultation and to learn how a swimming pool accident lawyer in Atlanta can help, call us today.
Atlanta Swimming Pool Accident Lawyer Near Me 404-214-2001
Pool Drownings: Statistics and Risk Factors
While anyone can sustain an accident at a pool, drown, or nearly drown, children are the most susceptible. According to the Centers for Disease Control and Prevention (CDC), drowning is the leading cause of death for children ages 1-4, and for children ages 14 and younger, drowning is the second-highest cause of death.
Also, for every child in the U.S. who fatally drowns, eight others visit an emergency room for non-fatal drowning injuries. Unfortunately, these injuries can still result in severe side effects, including brain damage, memory loss, and long-term disability.
The CDC also reports that there are 11 fatalities every day due to accidental drowning. The CDC has identified several main risk factors for drowning, which include the following:
- Lack of swimming ability
- Lack of close supervision
- Lack of barriers or secured fences needed to deter unsupervised pool access
- No life jackets
- Seizure disorders
- Location – Most drownings happen in home swimming pools among children ages 1–4.
- Alcohol use – Among adolescents and adults, alcohol use is involved in up to 70 percent of deaths related to water recreation.
- Using recreational substances or prescription medications – Certain drugs can increase the risk of drowning, especially psychotropics.
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Pool Safety Tips to Prevent Accidents
Pool Safety lists tips to help prevent a future pool accident, including the following:
- Constantly supervise small children near or in water, so they are always in view and never alone.
- Enroll younger swimmers in swimming classes to safely learn how to swim independently.
- Teach children about the risks of swimming pool drains, as these can trap the child’s hair, jewelry, bathing suit, or limbs while submerging them underwater. This is also known as circulation entrapment.
- Check to see if drains are adequately covered before entering any pool.
- Install covers, barriers, alarms, or fencing around your pool so small children cannot easily access it.
- Learn CPR.
It would be best to avoid public pools where a lifeguard is not present to monitor you and your family. A day of fun can quickly turn tragic if an accident or drowning occurs. However, people can still incur accident-related injuries at a pool supervised by a lifeguard due to negligence or understaffing.
Property owners may be held liable for injuries at a pool when they are located at a private residence, hotel, resort, condo, or apartment. The property owner has a duty of care to potential swimmers to keep a pool area safe to prevent injuries from occurring. If they do not, they can be taken to court and sued for damages, including hospital expenses, pain and suffering, and wrongful death.
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We Will Take Care of Your Case’s Obligations
A swimming pool accident case comes with a host of legal challenges. First, you must find out who is liable. Then, you must have documentation to prove your losses. While all of this is happening, you must also handle insurance negotiations and communications. This can be difficult to do on your own.
To complete your case, here are some things Kaine Law will do on your behalf:
We Will Prove Duty of Care
We must show that the swimming pool’s owner or manager had a duty to keep you safe. This would involve hiring lifeguards, keeping the area clear of hazards, and sealing off dangerous areas.
We Will Establish a Breach of Duty of Care
Using the evidence we mentioned earlier, we will need to prove that the at-fault party in your case did not uphold their duty of care. For instance, if a swimming pool owner failed to warn guests of a loose tile and someone tripped and injured themselves, this would constitute negligence.
In this case, the owner should have blocked off the area or told guests of the danger.
We Can Prove that the At-Fault Party Caused Your Accident
We will talk to eyewitnesses, consult with your healthcare team, and even visit the scene of the accident to learn more about your situation. O.C.G.A. §51-12-33 notes that even if you were partially responsible for what happened, you could still recover damages.
Do not let the insurer say that you cannot recover compensation because you played a role in causing your injuries. The lawyers at Kaine Law in Atlanta will tell you whether you can recover compensation for your swimming pool accident case.
We Can Prove That You Suffered Losses After Getting Hurt
Finally, we must prove that as a result of getting hurt, you suffered losses. The damages arising from your accident and injuries may include:
- Pain and suffering
- Disability, scarring, and disfigurement
- Medical bills
- Lost wages, employee benefits, commissions, and tips
- Loss of future earning capacity
- Impaired quality of life
- Costs associated with losing a loved one, like funeral expenses and loss of consortium
We can work alongside economists to determine the cost of your losses now and in the future.
Commonly Asked Questions in Swimming Pool Accident Cases
As you consider working with our firm, you may have many questions about the claims process. We are your advocate during this challenging time; we want you to feel free to ask us any question at any time.
With that said, here are two questions that our clients often come to us with:
What Should You Do While Your Case Is Unfolding?
While Kaine Law handles your swimming pool accident case in Atlanta, here are some things that could benefit you:
- You should seek medical attention. Your healthcare team will give you valuable information about your injuries and necessary treatment. Seeking medical help not only helps you heal from your condition, but your doctor’s testimony is invaluable.
- You should keep all documentation about your losses. Receipts, invoices, and billing statements will no doubt start coming in after you get hurt. By keeping these documents in a safe place, we can accurately total the sum of your losses.
- You should follow your doctor’s instructions. Going to physical therapy, taking medications every day, and attending doctor’s appointments may not appeal to you. However, unless you have a valid reason, you should not discontinue your course of treatment. You do not want to give the insurer, the other party, or the defendant’s legal team any reason to discredit your case.
How Long Will Your Case Take to Settle?
You could settle your case shortly after filing your claim. On the other hand, your case could take years to unfold. There is no way we can answer this question without reviewing your situation first.
Some things that can help your case move along include:
- Keeping documentation of your losses
- Writing down details of the accident
- Taking down the contact information of any witnesses
- Refraining from posting about the crash on social media
- Following your doctor’s orders and attending all follow-up appointments
- Connecting with our team promptly
Your swimming pool accident lawyer in Atlanta will address any complications that keep your case from moving forward.
In Pain? Call Kaine Law Today
If you or a loved one was hurt in a swimming pool accident, connect with our legal team today. During our partnership, you can rest assured that we will advocate for your right to financial recovery – whether in or out of court.
Call us today for a free case review.
Call or text 404-214-2001 or complete a Free Case Evaluation form
