Swimming pool accidents can result in fractures, concussions, drownings and near-drownings, and other severe injuries. These can take a huge toll on those who suffer from them and significantly impact their lives. If you or a loved one sustained injuries as a result of a swimming pool accident, you may be entitled to compensation to recover your losses.
A College Park personal injury lawyer at Kaine Law is dedicated and willing to fight for your legal rights. Our personal injury team will carefully examine the evidence in your case to identify the liable person or entity and the compensation you may be able to secure from a successful claim.
How Our College Park Swimming Pool Accident Lawyers Can Help
Swimming pool accident claims can be complex and require legal knowledge of personal injury laws as they apply to these cases. There are several steps that attorneys must handle to ensure the injured person receives the amount of compensation they are due for their losses. These often include the following:
- Thorough accident investigation and evidence collection
- Gathering documentation, including police reports and medical records
- Consulting with expert witnesses
- Determining the liable party or parties
- Identifying recoverable damages
- Negotiating with insurance companies
- Filing a lawsuit, if necessary
- Representing clients at trial
There may be other duties required to establish your compensation and demonstrate a party is at fault and liable for your financial and personal losses.
For a free legal consultation with a swimming pool accident lawyer serving College Park, call 404-214-2001
What Is Premises Liability?
Georgia law stipulates that property owners take reasonable care to ensure their property is safe for lawful visitors while they are present on their premises, as outlined in Georgia statute, O.C.G.A. § 51-3-1. An owner or occupier who fails to fulfill this duty “is liable in damages to such persons for injuries caused by his failure to exercise ordinary care.”
This obligation only applies to individuals considered to be “invitees”, however, and duties owed to those with statuses deemed to be “licensees” or “trespassers” are reduced. Invitees include anyone who legally uses or enters the premises at the implied or express invitation of the party that occupies or owns the property. The duties owed to trespassers are very limited in that they are only prohibited from “willfully and wantonly” injuring them. Minors are sometimes considered exceptions to these laws.
Georgia has also enacted other rules and regulations relating to pool and water safety, including when a lifeguard must be present and the qualifications they must possess.
College Park Swimming Pool Accident Lawyer Near Me 404-214-2001
Recoverable Damages for a College Park Swimming Pool Accident
One of the most challenging aspects of a personal injury claim is proving the full extent of damages. Victims may need documented medical reports from their doctor and other specialists to show their injuries are severe, long-lasting, or permanent. For example, even those who survive drowning can be left with brain damage and other devastating mental and physical health conditions. They may also experience tremendous pain and suffering and require medical care indefinitely.
Damages that may be recovered are dependent on the case’s circumstances and the nature and severity of one’s injuries and include the following:
- Medical bills, including emergency care, hospital stays, rehabilitation, surgeries, doctor’s visits, medication, home medical equipment, etc.
- Lost income due to taking time off work
- Diminished earning potential, or a reduction in income due to impairments that limit one’s ability to work at the same capacity or in their former occupation
- Physical pain and suffering
- Emotional anguish
- Scarring and disfigurement
- Lost quality and enjoyment of life
- Wrongful death damages for losses associated with a loved one’s passing
According to the Georgia statute of limitations for personal injury detailed in O.C.G.A. § 9-3-33, potential claimants generally have two years from the date their injuries were sustained to file a lawsuit. Failure to meet this deadline may result in an inability to pursue compensation for the harm they suffered in a swimming pool accident.
There may be more damages for which you qualify. A College Park swimming pool accident attorney can help you identify all your past and future losses.
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Establishing Fault and Liability
Swimmers are susceptible to suffering many types of swimming pool injuries. Pools are associated with multiple risk factors, including wet and slippery floors or pavement, deep water, electrical hazards, powerful suction drains, and even harmful chemicals. In crowded public pools, children and even older individuals may not be noticed if they are struggling to swim or have encountered another dangerous condition.
As noted, you and your attorney will need to determine the liable parties in your case. Ultimately, a swimming pool injury is likely to revolve around premises liability law. Swimming pool injuries can be the result of inadequate security, poor pool maintenance, and many other potential property liability issues that could indicate a property owner or company is to blame.
Personal injury cases, including premises liability and swimming pool accident claims, hinge on the legal doctrine of negligence. When this is established, the negligent party may be found liable for injuries and losses. This is demonstrated by showing that the following elements are present if a property owner is believed to be negligent:
- Duty of care: Property owners owe their guests a duty of care to ensure the premises are safe and will not result in injuries to others.
- Breach of duty: The failure of a property owner to fulfill a duty that results in a swimming pool injury is considered a “breach” or violation.
- Causation: The breach of duty was the direct or proximate cause of the injury, or that the injury would not have occurred “but for” the accident.
- Damages: Injuries sustained result in financial or personal losses that can be represented as damages in a claim or lawsuit.
Evidence of a property owner’s breach is needed to confirm that they were at fault for your injuries and liable for your losses. This is the primary goal of a swimming pool accident lawyer because establishing liability is needed to pursue a personal injury lawsuit, and potential claimants may not be able to recover the compensation they deserve.
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Contact Kaine Law Today for Help With a College Park Swimming Pool Accident
If you suffered injuries due to a College Park swimming pool accident, you are urged to contact Kaine Law today for a free case review. Our personal injury lawyers will work tirelessly on your behalf to get you the justice and compensation you deserve for your injuries and losses.