Swimming pools are common in Atlanta, where the temperature touches 90 degrees Fahrenheit in the middle of summer. Pools at community centers, hotels, and private homes can pose serious hazards to visitors – especially young children. Pool owners may be liable for many of these tragedies for failure to maintain safe premises. Talk to the experienced attorneys at Butler Wooten & Peak LLP for more information about swimming pool injury and wrongful death claims in Atlanta.
The CDC reports that every day, an average of 10 people die from unintentional drowning. About two of these 10 are children under the age of 14. Children ages one to four are at the highest risk of accidental drowning, with the majority of incidents occurring in home swimming pools. Lack of adult supervision, unsafe personal flotation devices, and failure to keep curious children out of pools are common situations contributing to accidental drowning tragedies. These are issues that proper care can prevent.
Unsafe pools can lead to slip and falls on pool decks, spinal cord injuries from unsafe dives, brain damage and coma from lack of oxygen to the brain, and drowning death. These catastrophes are avoidable in almost all cases. Responsible supervisors, pool owners, and other parties can help reduce the risk of swimming pool injuries. If the courts deem another reasonable and prudent person would have done something differently to prevent the drowning incident or injury in question, the defendant may be guilty of negligence and liable for damages.
Swimming pools fall under the “attractive nuisance” doctrine. An attractive nuisance is any hazardous property element that attracts children by nature. This doctrine states that owners of attractive nuisances must take due care to make them safe for trespassing children. Swimming pool owners must take steps not only to ensure the pool is safe for swimmers but also does not present a risk to children who might try to sneak into the water without permission. This can include installing:
Duties of care for swimming pool owners include taking steps to prevent accidental drowning but also keeping drains and covers well maintained. Poor pool maintenance can easily lead to drowning accidents. Owners must also post warning signs regarding any known risks (e.g. “No Diving”). Owners of attractive nuisances like swimming pools have high acceptable standards of care to invited guests and trespassing children in Georgia.
If you or your child sustained injuries while at a hotel swimming pool or another public area, such as the YMCA or a school pool, retain an attorney for legal assistance. Hotels and other entities often have aggressive insurance companies who may try to offer you less than your losses are worth. The lawyers at Butler Wooten & Peak LLP have gone up against major insurance carriers in the country. We have what you need to take a stand against company negligence. Call (800) 242-2962 to get in touch with our Atlanta team.
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