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Sandy Springs Drowning Accident Lawyer
Our Sandy Springs drowning accident lawyers fight for justice for drowning accident victims. Drowning accidents and near drowning accidents would not occur if not for property owner negligence. If you or a loved one has been injured in a near-drowning accident or died in a drowning incident due to someone else’s negligence, you may be able to file a lawsuit and receive compensation from the liable party. The Sandy Springs premises liability lawyers at Ashenden & Associates are here to help you do just that.
Call 770-394-8909 to schedule a free consultation with a drowning accident attorney on our team. Our drowning accident attorneys work on a contingency fee basis, so surviving family members won’t pay any legal fees unless your drowning accident case is successful.
How Often Do Drowning Accidents Occur
According to the Centers for Disease Control, there are an estimated 4,000 drowning deaths and about 8,000 non-fatal drowning accidents in the U.S. every year. That equates to about 11 fatal swimming pool accidents and about 22 non-fatal swimming pool accidents daily. The CDC also reports that drowning is the leading cause of death in children ages 1-4, and most of these drownings happen in swimming pools. They are the second leading cause of death after auto accidents for children ages 1-14.
There are around 3,960 drowning deaths as well as over 8,000 drowning injuries annually in the United States. For every drowning victim under the age of 4, another 8 receive serious emergency care for life-threatening drowning injuries.
Over 40% of injured drowning victims who seek emergency care are hospitalized.
Common Causes of Unintentional Drowning in Georgia
A drowning accident can be caused by several different factors, including things like faulty equipment, lack of supervision, or poor maintenance. Some of the most common causes include:
- inaccurate depth markers
- defective diving boards
- alcohol use
- faulty drain covers
- faulty or missing pool ladders
- lack of gates or barriers
- overcrowding
- negligent supervision at private pools
- lack of adequately trained lifeguards at public pools
- hazardous pools
- lack of signage
- lack of life jackets or life-saving equipment
Drowning accidents and other non-fatal accidents can occur on public or private property.
Who is Most at Risk for Unintentional Drowning in Georgia?
The Centers for Disease Control states there are specific factors that increase the likelihood of drowning:
- Inability to swim or weak swimmers: Young children or weak swimmers should always have an adult who is a strong swimmer watching to prevent drowning accidents.
- Missing fencing around water: Pool fencing can help prevent drowning accidents. However, property owners who have any body of water on their land should consider fencing to keep this disastrous event from happening.
- Unsafe Behaviors: Drinking alcohol, drug use, and not wearing a life jacket can lead to unintentional drowning.
- Bathtubs: Drowning accidents don’t always happen in the ocean or a backyard. According to the CDC, around two-thirds of all infant drownings happen in the bathtub.
Common Diving and Swimming Pool Injuries
The most common injuries, besides drowning death, that we see in drowning accident cases include:
- acute respiratory distress syndrome
- cardiac arrest
- brain injuries, including permanent brain damage
- paralysis
- CPR injuries
- chemical burns from chlorine
- contusions and lacerations
- loss of limbs or disembowelment from faulty drains/filters
Injury victims, especially younger children, can suffer from permanent brain damage or die after going just a few minutes without their oxygen supply, which is why our Sandy Springs drowning accident lawyer team pursues maximum compensation for injured victims, as many accidental drowning incidents are cases of gross negligence despite the assumption of the risk defenses.
Our Sandy Springs traumatic brain injury attorneys understand the long-term effects a drowning incident can have on the drowning victim, as well as how those who have lost a loved one to drowning or watercraft accidents will never recover. Our drowning accident lawyers seek compensation so surviving family members can heal without having to worry about the financial burden associated with drowning cases, previous medical treatment, funeral costs, etc.
Can You Sue for Drowning Accidents in Georgia?
Yes, if you or a loved one was injured in a swimming pool or diving accident, you may be able to sue the person responsible for the accident and receive compensation. Depending on the situation, you may be able to file either a personal injury lawsuit, premises liability lawsuit, or a wrongful death lawsuit.
If you are unsure what kind of lawsuit to file, an experienced drowning accident lawyer at Ashenden & Associates can evaluate your case and discuss your options. We can also help you understand the process and successfully file your lawsuit to receive your deserved compensation. Call us at 770-394-8909 to schedule a free consultation with one of our skilled attorneys today.
Personal Injury Lawsuit for Drowning Accidents in Sandy Springs
f you suffered injuries as a direct result of someone else’s negligence, you may be able to file a personal injury lawsuit against the person responsible for your injuries. To file a successful personal injury claim, your case must contain the 4 D’s of negligence. These elements are:
Duty of care: a responsibility to act cautiously and protect others from harm.
Breach of duty of care: a failure to uphold that responsibility, which caused the victim to be hurt.
Causation: the link between the breach of duty and the victim’s injuries.
Damages: the losses the victim suffered as a result of the injuries.
For example, if someone threw you into the pool, and you nearly drowned, you may be able to sue that person for compensation for things like medical bills, lost wages, and emotional distress.
Premises Liability Lawsuit for Drowning Accidents in Sandy Springs
You may be able to file a premises liability lawsuit if you or a loved one was harmed because the environment around the pool was unsafe. This can be due to improper signage, lack of proper safety measures, hazardous conditions surrounding the pool, and poorly maintained equipment. The person responsible in this kind of premises liability case is often the person who owns the pool or the property that the pool is on.
Wrongful Death Lawsuit
If your immediate family member died in a drowning accident, you may be able to sue the negligent party for damages in a wrongful death lawsuit. This kind of suit allows the family of a drowning victim to recover compensation for the loss of their loved one and recover compensation for things like loss of potential earnings, funeral expenses, and emotional suffering.
In Georgia, you may be able to file a wrongful death suit if you are:
- The victim’s spouse.
- The victim’s child (if there is no surviving spouse)
- The victim’s parent (if there is no surviving spouse or child)
- The personal representative of the victim’s estate (if there are no surviving immediate family members)
Be sure to contact a Sandy Springs wrongful death attorney to learn more.
Liability for Drowning Accidents in Georgia
Drowning incidents are preventable. Those who own residential pools and those responsible for public pools must protect guests against known or foreseeable danger. It is their responsibility to ensure the swimming pools are well maintained and to take steps to prevent unauthorized access to unsupervised use of the swimming area.
If the drowning accident occurred on private property at someone’s home, depending on the details surrounding the personal injury claim, this will likely fall within the property owner’s liability.
Other parties that may be held liable for drowning injuries include those responsible for:
- recreational centers
- hot tubs
- neighborhood associations
- apartment complexes
- public pools
- private pools
- water parks
- hotels with aquatic features
There are a few different people who may be found liable in a swimming pool accident. Some possible negligent parties include:
- Lifeguards
- Pool product manufacturers
- Property owners or managers
- Family members, legal guardians, babysitters, or friends
When are Homeowners Liable for a Swimming Pool Accident?
Homeowners could be held liable for drowning in swimming pools if the environment surrounding them or the condition of the pool was what caused the injuries. There are many scenarios in which negligent pool owners could be responsible for someone’s injuries.
For example, a private swimming pool owner is responsible for protecting their guests from a reasonable amount of harm. If pool owners have slippery rocks around their swimming pool, the reasonable expectation is that someone could slip and fall into the pool when walking on the rock. If someone does slip on the rock and nearly drowns, the pool’s owner could be found negligent because they failed to fix it or put up a sign to warn people about the hazard.
When are Property Owners Liable for Swimming Pool Accidents in Public Pools?
If a public pool guarantees that it will have adequately trained lifeguards but then fails to hire or train its lifeguards, the property owner in charge of the public pool could be found liable for any damages that occur. If their pool never has a lifeguard on duty, they should have multiple signs telling visitors that there’s no lifeguard and that they are swimming at their own risk and encourage visitors to wear a life jacket.
Property owners could also be found negligent if they install a diving board on their property when the pool is not deep enough for people to dive into. They may also be liable if they install signs that inaccurately display the pool’s depth, causing someone to believe the pool is safe for diving when it isn’t.
A personal injury attorney can help drowning or near-drowning victims determine who was at fault for their injuries and help them receive the financial compensation they deserve. Our Sandy Springs drowning lawyers have extensive experience litigating drowning cases.
Drowning Prevention Responsibility of Hotels and Resorts
Hotels and resorts with beach access have the same duty of care. They also have a duty of care to warn guests of known risks, such as undertows and riptides for oceans or rivers associated with their property.
If you or a loved one had a drowning or near drowning accident caused by the carelessness of hotel or resort staff members, contact a Sandy Springs drowning lawyer at Ashenden & Associates to see how our personal injury attorneys can help your family through the legal process.
What is an Attractive Nuisance?
According to the attractive nuisance doctrine, a property owner can be held liable for any serious injury sustained on their property if the injury was caused by something likely to attract the injury victim. This applies even if the injury victim was trespassing on the property.
Swimming pools attract young children, so a backyard swimming pool is an example of an attractive nuisance. If a property owner fails to keep their property safe from curious children, and a child drowns or is injured, the property owner can be held liable for injuries sustained.
Drowning Accident Compensation for Drowning Victims in Sandy Springs
Drowning accident victims may be able to recover financial compensation for damages, including:
- Medical expenses
- Lost wages
- Assistive medical equipment (wheelchairs, walkers, etc.)
- Physical or occupational therapy bills
- Physical pain and suffering
- Emotional distress
- Loss of earning potential
- Loss of consortium
- Funeral and burial expenses, in the case of a fatal drowning accident
How a Sandy Springs Drowning Accident Attorney Can Help
Personal injury victims may be able to receive compensation through drowning lawsuits in Georgia. Many drowning victims or those injured in a near-drowning accident will not get the fair compensation they deserve when they handle the claim with the insurance company without a personal injury lawyer.
An experienced Sandy Springs drowning accident lawyer understands the long-term repercussions of brain damage and other secondhand injuries associated with drowning accidents. As an injured person or parent of an injured person, we understand that you need to pay medical bills, and any settlement offer seems fair at the time. We urge family members of injured victims to consider the long-term repercussions and costs of these aquatic accidents.
Our legal services are on a contingency fee basis, so you’ll get the help of an experienced lawyer without having to pay any upfront costs.
When you work with a Sandy Springs drowning accident lawyer from Ashenden and Associates, you’re not just a client. Your legal rights matter. Your family matters.
Drowning Accident Attorneys in Sandy Springs, GA
Pool owners and those in and around a pool should provide others with a reasonable amount of care and minimize the risk of someone drowning or becoming seriously injured. When these people fail to provide others with the minimum care, they should be held responsible for their negligence.
If you or a loved one has suffered from injuries in a swimming pool accident, you’ll need an experienced personal injury lawyer on your side to fight for justice. The skilled drowning accident attorneys at Ashenden & Associates are proud to provide the residents of Sandy Springs with expert legal counsel in personal injury cases, premises liability cases, and wrongful death cases. Call a Sandy Springs personal injury attorney at 770-394-8909 or contact us online and discuss your potential personal injury case with a team member at no cost to you.
