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Atlanta Swimming Pool Accident Attorneys

Atlanta Swimming Pool Accident Lawyers Who Get Results

Swimming pools are common in Atlanta, where temperatures reach 90 degrees Fahrenheit in the middle of summer. Yet, 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 injuries if they fail to maintain safe premises.

At Butler Prather LLP, our attorneys have been helping people harmed by swimming pool accidents in Atlanta for over 35 years. During this time, we've won landmark cases for our clients in over 30 states, including nine verdicts exceeding $100 million and over 60 verdicts and settlements surpassing $10 million.

For more information, talk to our experienced Atlanta pool accident attorneys today by calling (800) 242-2962.

Facts About Accidental Drowning

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. Additionally, unsafe pools can lead to slip-and-fall accidents 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.

What Causes Swimming Pool Accidents?

Supervision is a crucial factor in preventing swimming pool accidents. A vigilant supervisor, lifeguard, or attentive adult can quickly react to dangerous situations and immediately assist. Lack of supervision is a common thread in many drowning and injury cases, especially those involving children. It's important to recognize that accidents can happen swiftly and silently. That's why constant, undistracted observation is necessary when people, particularly non-swimmers or children, are in or near the water.

Effective supervision is not just about being present – it's about being prepared, proactive, and aware of the risks to ensure a safe swimming environment for everyone. Educating supervisors on the signs of someone struggling in the water and proper rescue techniques is critical. This knowledge, paired with the presence of a responsible individual, significantly reduces the risk of severe and fatal outcomes.

Slippery surfaces are among the leading causes of swimming pool accidents. Puddles around the pool can make the surrounding decks and walkways hazardous. When water mixes with smooth surfaces, it reduces friction, making it easy for swimmers of all ages to lose their footing and suffer falls. These incidents lead to serious injuries, including fractures, head traumas, and lacerations.

Equipment malfunction in swimming pools is a hidden hazard that can have dangerous consequences. Poorly maintained pumps, filters, and drains create unsafe swimming conditions. For example, a defective drain can lead to entrapment hazards, where swimmers, particularly children, can get suctioned to the drain and become unable to free themselves. Malfunctioning pool lights can also increase the risk of accidents during low visibility conditions. Regular inspections and pool equipment maintenance are essential to ensure everything is in good working order.

What Is an "Attractive Nuisance?"

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 ensure the pool is safe for swimmers and does not present a risk to children who might try to sneak into the water without permission. This can include installing:

  • Fencing or pool barriers
  • Motion-sensor alarms
  • Pool cover
  • Proper locks on gates and doors
  • Security cameras

Duties of care for swimming pool owners include preventing accidental drowning and 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").

Types of Swimming Pool Accidents

Drowning is one of the most serious outcomes of swimming pools. It's a leading cause of accidental death, especially in children under the age of five. Drownings can occur quickly and silently, often without any signs of struggle. It's also important for swimmers to understand their own limits and for lifeguards to recognize that flotation devices aren't substitutes for supervision.

Slip and fall incidents are surprisingly common around swimming pools and can lead to severe injuries. These accidents aren't limited to the poolside. They also occur in changing rooms, on diving boards, and in other wet areas where traction is compromised. The hard surfaces surrounding pools can contribute to the severity of an injury when a fall occurs, resulting in minor bruises to more severe broken bones, concussions, and traumatic brain injury (TBI).

Preventing slip-and-falls involves multiple strategies, including using non-slip mats in critical areas, wearing proper footwear, and cleaning spills promptly. Pool owners should ensure that walking surfaces have adequate texture to provide friction, even when wet. Enforcing rules such as no running around the pool area can help reduce the frequency of these accidents.

Diving accidents are a significant concern when it comes to swimming pool safety. These accidents often result from diving into shallow water or misjudging the distance to the pool bottom or walls. The consequences can be severe, including spinal cord injuries, paralysis, and even wrongful death. It's essential for swimmers to be aware of the pool's depth and to only dive in designated areas that are clearly marked.

Pool owners must ensure that depth indicators are visible and diving boards are properly maintained to meet regulatory safety standards. Swimmers must be educated on safe diving practices and the importance of never diving into an above-ground pool, which is typically not deep enough for safe diving.

Steps to Take After a Swimming Pool Accident

In the unfortunate event of a swimming pool accident, swift and decisive actions are crucial. Seeking proper medical attention is paramount to ensure your well-being. Once immediate medical concerns are addressed, it's important to document the accident scene. If possible, take photographs or videos of where the incident occurred, including any hazards or conditions that may have contributed to the accident, such as wet surfaces, lack of safety signs, or faulty equipment.

Do not delay seeking medical attention, even if the injuries seem minor. Some pool-related injuries, particularly those involving the head, neck, or spine, may not show immediate symptoms but can have serious long-term effects if left untreated. Contact emergency services or go to the nearest hospital. Make sure to keep all medical records, as they serve as critical evidence when pursuing legal action.

If there were any witnesses to the event, get their contact information – their accounts may prove invaluable later. Write down every detail you can remember, as time can fade memories. This provides tangible evidence to help your lawyer reconstruct the event and build a strong argument.

Hotel Swimming Pool Accidents in Atlanta

If you or your child sustained injuries while at a hotel swimming pool or another public area like a school or park, retain an Atlanta, GA premises liability lawyer 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 Prather LLP have gone up against major insurance carriers in the country.

Compensation Available for Atlanta Swimming Pool Accident Victims

Receiving fair compensation for swimming pool accidents includes damages for medical expenses. These costs can range from emergency room fees and hospital stays to surgery, medication, and physical therapy bills.

Accurately determining lost income is important after a swimming pool accident. Butler Prather LLP will calculate not only the income lost from the immediate aftermath of the accident but also any future earnings that might be compromised due to a long-term injury or disability. This includes salary, wages, bonuses, and other benefits you would have earned had the accident never occurred.

Compensation for pain and suffering reflects the intangible costs of an accident. This may include physical discomfort, emotional distress, and an overall decline in the quality of life that injury victims endure. Calculating these non-economic damages is complex, as they don't have a predetermined cost. Butler Prather LLP will evaluate the severity of the injury, level of pain, extent of emotional trauma, and impact on your daily life.

Were You Injured in an Atlanta Swimming Pool Accident?

If you were seriously injured or a loved one was killed due to unsafe swimming pool conditions, we want to hear about it. Whether these injuries occurred at a business, apartment complex, public agency, or private residence, Butler Prather LLP will pursue justice to help you get the necessary resources to care for yourself and your family.

We know your case is important. That's why we always have time to speak with our clients. Call our firm at (800) 242-2962 and schedule a complimentary consultation today.

Additional Information

I was in a complex premises liability case involving a multinational corporations. Mr. Butler & his associates were always three steps ahead of these defendants. When they say they are "exceptional trial lawyers," this is not just a slogan but it is a way of life.”
- Zack Hendon