Representing Victims of Wrongful Death & Major Injury Due to Swimming Pool Negligence
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In Georgia, injuries suffered due to swimming pools are all too common. When caused by negligence, easily preventable incidents resulting in injury or even death can be devastating to friends and family alike. When incidents involving catastrophic swimming pool accidents occur, you need an experienced Atlanta swimming pool accident lawyer who can aggressively and strategically fight on your behalf.
With over 35 years of civil litigation experience and being recognized as one of the Top 100 Trial Attorneys in Georgia, the premises liability attorneys at Apolinsky & Associates, LLC, can provide the legal expertise you need for your Atlanta, Georgia, swimming pool lawsuit.
What Is a Swimming Pool Accident Case in Georgia?
Georgia drowning cases and swimming pool accidents are generally categorized as premises liability cases. These incidences arise when a property owner is found negligent in the proper maintenance and upkeep of the property in question. The State of Georgia has laws in place that require landowners to maintain the safety and sufficiency of their property so that it does not pose an unreasonable risk of harm to authorized visitors.
Swimming pools are legally categorized as “attractive nuisances,” which means that a landowner owes a duty of care to any child that might be injured by a condition on their property that is attractive to a child, in this case, a swimming pool. This applies to pool guests and any child who trespasses.
A pool owner/manager has an obligation to check all the safety and maintenance measures, such as adding a pool cover or installing fencing. If the owners or property managers neglected to provide adequate maintenance for a swimming pool and you or a loved one were injured in a pool accident at a:
…the pool owner/manager could be held liable for damages in a Georgia civil court.
Proving Negligence & Causation in Georgia Swimming Pool Injury & Wrongful Death Cases
In the state of Georgia, the law dictates that pool owners/managers (whether they are public or private) are responsible for maintaining a swimming pool and ensuring the safety of its users.
In order to pursue a negligence lawsuit from a swimming pool incident, there are four elements that you must be able to prove:
- The pool owner/manager owed you a duty of care.
- The pool owner/manager breached that duty of care.
- The breach of duty is what caused your accident.
- You sustained injuries as a result of the accident.
Regardless of the accident that caused you to suffer a catastrophic injury, proving your case is essential to winning and getting fair compensation. In order to do so, you will need to establish negligence by showing that:
Statute of Limitations on Swimming Pool Injury Cases
Under GA Code § 9-3-33, the statute of limitations for civil personal injury cases, including swimming pool accidents, holds that injured parties have two years to bring any claims forward. After two years, a court will dismiss your claim. Oftentimes, insurance companies will engage in stalling techniques to avoid paying you anything.
Our team of Atlanta premises liability attorneys at Apolinsky & Associates, LLC, have the experience and legal capacity to establish a swimming pool liability case on your behalf.
Compensation and Damages Recoverable in Swimming Pool Accident Injury Cases
Whether you or a loved one suffered injuries, or you lost someone due to a wrongful death in a pool in Atlanta, you have two years from the date of the accident to file a claim under Georgia law (O.C.G.A. § 9-3-33).
You may be entitled to compensation for:
- Accident-related medical expenses, current and future.
- Expenses paid out of pocket.
- Lost wages, benefits, and other employment-related income.
- Lost or diminished earning capacity and future wages.
- Permanent disabilities and impairments.
- Scarring and disfigurement.
- Emotional anguish.
- Pain and suffering
- Loss of quality of life.
- Final expenses for a loved one including funeral and burial expenses.
Recovered compensation can help cover your losses from an accident.
If you or a loved one suffered injuries in a swimming pool, you may be entitled to financial damages. To learn more about what compensation might be available, contact Apolinsky & Associates today to schedule your appointment.