- Wrongful Death
Splashing in a public swimming pool is one of the best ways to beat the summer heat, but sadly, it can also lead to tragedy. Every year, thousands of people suffer from accidental drowning or other fatal injuries due to swimming pool accidents. If you have lost a loved one in a wrongful death incident at a public swimming pool, you may be wondering if legal action is possible.
In this blog post, an experienced Carrollton wrongful death lawyer discusses everything you need to know about filing a wrongful death claim and seeking justice for your family member’s untimely demise.
Statistics About Swimming Pool Accidents in Georgia
Swimming pool accidents are more common than you might think. According to the Centers for Disease Control and Prevention (CDC), drowning is the primary cause of death among children aged 1 to 4. For children between 5 and 14, drowning is the second leading cause of death after car accidents.
Also, between 2018 and 2021, Georgia ranked 11th for drowning deaths among all US States, with a 1.33 fatality rate per 100,000 people.
These sobering statistics highlight the importance of taking safety precautions when swimming or supervising others at a public swimming pool in Carrollton or elsewhere in Georgia.
If you have lost a loved one due to negligence on behalf of a public pool operator or staff member, it’s essential that you seek legal representation as soon as possible to protect your rights and hold those responsible accountable for their actions (or lack thereof).
The Most Common Types of Fatal Swimming Pool Accidents
Swimming pools are often associated with fun and relaxation, but they can also be a source of danger. Unfortunately, fatal swimming pool accidents happen far too often in Georgia. The most common types of fatal swimming pool accidents include drowning, electrocution or electric shock, slip and fall injuries, diving accidents, and entrapment.
Drowning is the leading cause of death in swimming pool accidents. Children under the age of five are particularly vulnerable to drowning incidents as they can easily slip into the water unnoticed. Even adults can drown if they suffer from medical emergencies such as seizures or heart attacks while in the water.
Electrocution or electric shock is another common type of fatal accident that occurs when underwater lights or other electrical appliances malfunction due to poor maintenance. This can lead to serious injury or even death for swimmers who come into contact with electrified water.
Slip and fall injuries around a pool area may occur due to wet surfaces caused by splashing water. Diving-related accidents typically result from individuals diving into shallow areas without realizing it’s too shallow for safe diving.
Entrapment happens when swimmers become trapped by suction outlets on drains at the bottom of pools or spas resulting in their hair getting caught up causing them to be pulled towards these outlets resulting in drowning deaths.
Who Is Liable In a Swimming Pool Wrongful Death Claim?
When it comes to a wrongful death claim in a swimming pool accident, determining liability can be complex. Liability will depend on various factors such as the circumstances surrounding the accident, who was involved, and their level of responsibility.
In general, there are several parties that may be held liable for a wrongful death in a public swimming pool. These include the owner or operator of the facility, lifeguards and other staff members, contractors responsible for maintaining or repairing the pool area, and equipment manufacturers if faulty equipment contributed to the accident.
The owner or operator of the facility has an obligation to ensure that all safety measures are taken to prevent accidents from happening. This includes proper maintenance of pool equipment and adequate supervision by qualified personnel. If they fail in this duty, they may be held liable for any resulting injuries or fatalities.
Lifeguards and staff members also have an important role to play in ensuring safety around the pool area. They must exercise due care when performing their duties including monitoring swimmers’ activities closely. If they neglect their responsibilities or act recklessly causing harm leading up to death then they could also face liability.
Contractors hired by facilities owners may also carry some level of responsibility if inadequate installation or maintenance leads directly to incidents like drowning deaths at public pools.
Who Can File a Wrongful Death Claim in Georgia?
In Georgia, only certain family members are allowed to bring forth a wrongful death suit. These include the deceased’s spouse, children, and parents.
If there is no surviving spouse, children, or parents, the executor or administrator of the deceased’s estate may file a wrongful death claim on behalf of the family.
What Your Lawyer Will Need to Prove to Win Your Claim
When you hire a Carrollton wrongful death lawyer to represent you in your swimming pool accident claim, they will need to prove several things to win your case. Firstly, they’ll have to show that the defendant owed the victim a duty of care. In other words, the plaintiff must demonstrate that the swimming pool owner or operator was responsible for ensuring that their premises were safe.
Your attorney will also have to establish that there was a breach of this duty of care. This means demonstrating how and why the defendant failed in their responsibility towards their patrons. For example, if they didn’t install sufficient safety measures such as fencing around the pool area or provide adequate lifeguard services.
Furthermore, your legal representative needs to prove causation between the breach of duty and your loved one’s drowning death. They must be able to illustrate how directly related negligence led to this tragic outcome.
It is vital for your lawyer to show actual damages incurred by surviving family members because of their loss. These may include medical bills associated with treatment before passing away or funeral expenses during bereavement.
Contact an Experienced Carrollton Wrongful Death Lawyer!
Losing a loved one is always painful, but it can be even more devastating when the loss was preventable and caused by someone else’s negligence. If you have lost a family member due to a swimming pool accident in Carrollton and believe that wrongful death charges may apply, it’s essential to seek legal representation from an experienced attorney who specializes in these types of cases.
A skilled Carrollton wrongful death lawyer will help you navigate the complex legal process involved in filing a claim against those responsible for your loved one’s untimely passing. We will work to gather evidence, negotiate with insurance companies, and build a strong case on your behalf.
At Hartley, Rowe & Fowler, we understand how difficult this time can be for you and your family. That’s why our team of compassionate attorneys is committed to providing the highest level of legal support available while helping you achieve justice for your loved one’s wrongful death.
Contact us to schedule a free case review with us. You can contact us online or call 678-825-6004!
