Injuries that occur at pools can be serious. Often, when an owner does not take the proper precautions, people can drown, fall on slippery decks, or sustain serious injuries jumping into a shallow pool. If you or your child was hurt because of a negligent owner’s actions, an Atlanta pool accident premises liability lawyer could help you bring a claim for compensation. A skilled premises liability lawyer could help you get the compensation you need and deserve for your injuries.
Pool Accidents in Atlanta
A premises liability pool accident arises in Georgia from the duty a pool owner or manager has to provide a reasonably safe environment for those who they expect to be in or near the pool. Issues can arise based on who is there and whether there is adequate fencing to keep people out. There could also be issues about the monitoring of the pool. For example, whether the owner had lifeguards to prevent issues.
The most vulnerable in pool accident premises liability cases are children. Unfortunately, in these cases, usually what has happened is either a child has loitered in an area they should not be or a child has managed to get into an unsupervised pool area.
What Is an Attractive Nuisance?
Attractive nuisances refer to a situation where a person has a dangerous condition on their premises but one that could be expected to attract individuals and especially children. A pool without appropriate fencing would generally be considered an attractive nuisance. A premises owner should understand an attractive nuisance presents a danger and is a danger that people may not appreciate and may be attracted to without understanding the consequences of their actions.
The attractive nuisance doctrine, in Georgia, could be part of a claim. An owner must take additional steps to prevent people from being harmed by an attractive nuisance. For example, a pool should be fenced off to avoid having children wander onto the premises. While the condition of the pool or the condition of the premises could arguably be an attractive nuisance in certain circumstances, the critical issue is often going to be whether the person tried to provide for a reasonably safe environment around the pool.
Common Injuries at Pools
The most common injury in a pool accident is drowning. Another common injury occurs when pool is shallow and someone is paralyzed or breaks bones after jumping into the pool. Also, a malfunction with the pool equipment could result in an individual being sucked into a part of the drain. Another common issue is the pool deck breaking and presenting a hazard that could result in broken bones.
Determining Liability for Injuries
Claims arising from issues of adequate monitoring, more often occur on commercial property. Cases involving inadequate fencing more often occur on a private property, such as an individual’s home. Regardless of the specific circumstances, if a pool owner has reason to believe there are going to be people on the premises utilizing the pool, then they have a higher duty to try to provide for the safety of those individuals. If they have no reason to anticipate that someone is going to be there, their duty may be to just have a fence in place.
Another issue that comes into play is if the child is the victim. If the parent is there as well, the owner or operator of the pool might blame the parent to some degree and say they should have been watching their child more closely. It will also depend on what monitoring the pool had and whether there were lifeguards. These factors will be critical in understanding who is at fault and where the percentage of fault lies.
Local ordinances will also apply in cases involving swimming pools. These laws specify what a person needs to do to maintain a safe environment around a pool. An attorney can examine the specific circumstances to determine liability.
An Atlanta Pool Accident Premises Liability Attorney Can Help
If you or your child was hurt because of the actions of a negligent pool owner, an Atlanta pool accident premises liability attorney can help you determine your rights. With the help of a skilled attorney, you could hold the responsible party accountable. Call today for a free consultation.