Georgia Drowning Accident Lawyers
Our Atlanta Drowning Accident Attorneys Fight For Accountability
In Atlanta and communities throughout Georgia, drowning accidents can happen quickly. Suddenly, a loved one can drown in a swimming pool, lake, or another body of water, leaving family members overwhelmed with grief or anger. The experienced Georgia wrongful death lawyers at Gary Martin Hays & Associates are here to help victims of drowning accidents find their way forward.
What's most upsetting is that many drowning accidents could have been prevented if someone else had not behaved in a reckless or negligent manner. Knowing what to do in such a situation might not be clear. Even knowing what your rights are can be confusing. Call 1-800-898-HAYS right now to schedule your free case evaluation to learn more about all your legal options. Our Georgia attorneys have years of experience handling complicated personal injury claims.
“The care and precision with which they handled my case was extremely impressive. They responded quickly when I had questions, they kept me in the loop anytime there was a change in my case, and they resolved the case much quicker than I ever expected. I will always recommend Gary Martin Hays!” - Kendalyn W., ⭐⭐⭐⭐⭐
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Frequently Asked Questions About Georgia Drowning Accidents
Find answers to common questions about drowning accidents in Georgia. Use the links below to navigate:
- What should I do if a loved one drowned in an accident?
- Who can be held liable for a drowning accident in Georgia?
- What are the most common causes of drowning accidents in Atlanta?
- Where do drowning accidents most commonly occur in Georgia?
- Can I file a wrongful death lawsuit for an accidental drowning?
- What types of compensation can I recover after a drowning accident in Georgia?
- How long do I have to file a drowning accident claim in Georgia?
- What laws govern drowning accidents and water safety in Georgia?
- How do I prove negligence in a Georgia drowning accident case?
- Can a property owner be held responsible for a drowning accident in a private pool or at an apartment complex?
- What if my loved one drowned at a hotel, public pool, or water park in Georgia?
- What if a lifeguard was present but failed to prevent the drowning?
- What should I do if the drowning accident involved a boating or jet ski incident?
- Will my case go to trial, or can it be settled out of court?
- How much does it cost to hire a drowning accident lawyer in Atlanta?
What should I do if a loved one drowned in an accident?
Losing a loved one in a drowning accident is devastating, and in the midst of grief, it can be difficult to know what steps to take. However, certain actions can help protect your family’s legal rights and ensure accountability for the responsible party. If the drowning was caused by negligence, taking the right steps now can be critical to securing justice. Here’s what to do after a drowning accident in Georgia:
- Report the Drowning Immediately: If it occurred in a public place, at a hotel, pool, or rental property, notify the property owner or manager. If it happened on a boat, report it to the Georgia Department of Natural Resources (DNR). Always call 911 to ensure an official police report is created.
- Gather Evidence: Take photos or videos of the accident scene, including any unsafe conditions, lack of warning signs, or missing safety features like fences or lifeguards. Collect witness statements and contact information.
- Obtain Medical Records and an Autopsy Report: If emergency responders attempted resuscitation, obtain those medical records. An autopsy may reveal important details about how and why the drowning occurred.
- Preserve All Relevant Documentation: Keep records of any communication with property owners, insurance companies, or law enforcement. If the drowning occurred at a business, request any available surveillance footage before it is deleted.
- Speak With a Lawyer Before Dealing With Insurance Companies: The at-fault party’s insurer may try to minimize liability or push a quick settlement. A drowning accident lawyer in Atlanta can investigate the case, handle negotiations, and help your family seek full compensation.
Taking these steps can help ensure that your loved one’s death is thoroughly investigated, and if negligence played a role, a lawyer can help hold the responsible party accountable.
Who can be held liable for a drowning accident in Georgia?
Determining liability in a drowning accident is critical for seeking justice and financial recovery. Liability depends on where the drowning occurred and who was responsible for ensuring safety. In Georgia, several parties may be legally responsible for a drowning death. Possible liable parties in a Georgia drowning accident include:
- Property Owners and Managers: If the drowning occurred in a private pool, apartment complex, hotel, or water park, the owner or management company could be liable for failing to maintain safe conditions, providing proper barriers, or warning of hazards.
- Public Entities and Municipalities: If a drowning happened at a public pool, lake, or park, a city or county government may be responsible if they failed to maintain safety measures or provide proper supervision.
- Lifeguards and Pool Staff: If a lifeguard was present but failed to respond appropriately, their employer may be liable for inadequate training, understaffing, or negligence.
- Boat Operators and Rental Companies: If a drowning was the result of a boating accident, the boat operator may be liable for reckless or impaired driving, and rental companies may be responsible for failing to provide safety equipment like life jackets.
- Schools and Daycare Facilities: If a child drowned during a supervised activity, such as a school field trip or daycare outing, the organization could be responsible for failing to provide proper supervision.
Drowning accidents often involve complex liability issues. A lawyer can help investigate the case, determine who is responsible, and hold negligent parties accountable.
What are the most common causes of drowning accidents in Atlanta?
Drowning accidents happen for many different reasons. Some of the most common causes of drowning accidents involving the reckless or negligent actions of someone else, including:
- Reckless behavior by fellow swimmers
- Slip and fall accidents near swimming pools
- Unmarked hazards near swimming pools or other swimming areas
- Unsupervised swimming pools
- Inexperienced lifeguards
- Unsecured swimming areas (including no fencing or unlocked gates around a swimming pool)
If you believe your loved one drowned because of someone else's negligent or reckless behavior, that person should be held accountable for their actions. That's why you need our legal team on your side.
Where do drowning accidents most commonly occur in Georgia?
Drowning accidents can happen anywhere there is water, but certain locations pose a higher risk due to frequent use, lack of supervision, or unsafe conditions. In Georgia, drowning incidents often occur at popular swimming and recreational areas. The most common drowning locations in Georgia include:
- Private Swimming Pools: Backyard and apartment complex swimming pools are high-risk, especially when they lack proper fencing, self-latching gates, or pool covers.
- Public Pools and Water Parks: Facilities like Piedmont Park Pool in Atlanta or Six Flags White Water in Marietta can become overcrowded, increasing the risk of lifeguard negligence or accidents.
- Lakes and Rivers: Popular Georgia lakes like Lake Lanier and Lake Allatoona see frequent drowning incidents, often due to boating accidents, strong currents, or alcohol-related negligence.
- Hotels and Resorts: Guests at hotels and resorts may drown due to poorly maintained swimming pools, lack of lifeguards, or unsafe conditions such as slippery decks.
- Bathtubs and Small Bodies Of Water: Young children and elderly individuals are at risk of drowning in bathtubs, hot tubs, and even shallow backyard ponds when left unattended.
Understanding where drowning accidents happen can help families recognize potential risks. If a drowning occurs due to unsafe conditions or lack of supervision, a lawyer can help determine whether legal action is warranted.
Can I file a wrongful death lawsuit for an accidental drowning?
Yes, Georgia law allows certain family members to file a wrongful death lawsuit if negligence contributed to a drowning accident. Spouses, children, and parents of the deceased may pursue compensation for funeral expenses, loss of financial support, and emotional suffering. Many drowning deaths in Georgia occur due to negligent property owners, inadequate supervision, or violations of safety laws at locations like apartment complexes, hotels, and public swimming areas. A lawyer can investigate the circumstances of the accident, identify liable parties, and build a strong case to hold them accountable.
What types of compensation can I recover after a drowning accident in Georgia?
Victims and their families may recover compensation for both financial and personal losses caused by a drowning accident. This includes medical expenses, lost wages, funeral costs, and pain and suffering for surviving family members. If the drowning resulted from gross negligence — such as a hotel failing to maintain a swimming pool’s safety barriers — punitive damages may also be awarded to punish reckless behavior. Since insurance companies often try to minimize payouts, working with a lawyer can help ensure victims receive full and fair compensation.
How long do I have to file a drowning accident claim in Georgia?
Georgia law generally gives victims two years from the date of the drowning accident to file a personal injury or wrongful death lawsuit. However, if the accident occurred on government-owned property, such as a city-run pool or public park, the deadline may be much shorter — sometimes as little as six months. Families should also act quickly to preserve evidence, as surveillance footage or witness testimony can become unavailable over time. Consulting a lawyer as soon as possible ensures deadlines are met and the strongest case is presented.
What laws govern drowning accidents and water safety in Georgia?
Georgia has laws in place to prevent drowning accidents, regulate water safety, and establish liability when negligence leads to injury or death. These laws are critical in determining fault in a drowning accident case. Key Georgia laws related to drowning accidents include:
- Georgia Premises Liability Laws: Property owners have a duty to keep their premises safe, including securing pools with proper fencing, gates, and warning signs. Failing to do so can make them liable for drownings.
- Georgia Boating Laws: The state requires life jackets for children under 13 on boats and prohibits boating under the influence (BUI). Boaters who violate these laws and cause drowning deaths can be held responsible.
- Pool Safety Regulations: Georgia municipalities enforce pool fencing laws, drain cover regulations, and lifeguard requirements for public pools. Noncompliance can lead to liability in swimming pool accident claims and drowning cases.
- Duty of Care for Businesses and Daycares: Schools, daycare centers, and summer camps are legally required to provide proper supervision and safety measures during water activities.
- Negligence and Wrongful Death Laws: Under Georgia law, families of drowning victims may pursue wrongful death claims if negligence — such as lack of supervision, unsafe conditions, or defective safety equipment — led to the accident.
When drowning laws are violated, victims and their families may have legal grounds for a claim. An attorney can analyze the circumstances, gather evidence, and determine the best course of action.
How do I prove negligence in a Georgia drowning accident case?
Proving negligence in a drowning accident requires demonstrating that another party’s actions — or failure to act — directly caused the accident. This often involves gathering strong evidence and expert testimony. To prove negligence in a Georgia drowning case, you must establish:
- Duty of Care: The at-fault party (such as a pool owner, property manager, or boat operator) had a legal obligation to maintain a safe environment and prevent foreseeable risks.
- Breach of Duty: The responsible party failed to meet their duty, such as by leaving a pool unfenced, failing to supervise children, or operating a boat recklessly.
- Causation: The breach of duty directly caused or contributed to the drowning accident. For example, if a child drowned due to an unsecured pool gate, the property owner's negligence is clear.
- Damages: The drowning accident resulted in financial, emotional, or physical harm, such as medical expenses, funeral costs, or pain and suffering.
Evidence used to prove negligence may include:
- Surveillance footage from security cameras at pools, hotels, or businesses.
- Witness statements from bystanders or family members who saw the incident.
- Accident reports from law enforcement or emergency responders.
- Expert testimony from water safety specialists, medical professionals, or accident reconstruction experts.
Because drowning cases often involve multiple liable parties and aggressive insurance companies, having a skilled lawyer on your side is essential to proving negligence and securing the compensation you deserve.
Can a property owner be held responsible for a drowning accident in a private pool or at an apartment complex?
Yes, property owners and landlords can be held responsible if their negligence contributed to a drowning accident. Georgia law requires swimming pools at apartment complexes and private residences to have safety features like secure fencing, self-latching gates, and clear warning signs. If a drowning occurred because an owner failed to maintain these protections — or allowed unsafe conditions like broken pool ladders or poor lighting — they could be held liable. A swimming pool accident attorney can investigate whether the property owner violated safety regulations and pursue legal action to recover compensation for the victim’s family.
What if my loved one drowned at a hotel, public pool, or water park in Georgia?
Businesses that operate pools or water parks have a legal duty to ensure guest safety, and they can be held liable if negligence leads to a drowning accident. Hotels and resorts in high-traffic areas like downtown Atlanta or near Lake Lanier must properly maintain their pools, enforce safety rules, and hire trained lifeguards where required. If a drowning occurs due to inadequate supervision, defective pool equipment, or lack of proper barriers, the business may be responsible. A swimming pool accident lawyer in Atlanta can investigate whether safety violations occurred and help families seek compensation for their loss.
What if a lifeguard was present but failed to prevent the drowning?
If a lifeguard was on duty but failed to take appropriate action, their employer — whether a hotel, water park, or city-run pool — may be liable. Lifeguards are trained to recognize distress and respond quickly, but factors like understaffing, distractions, or lack of proper certification can lead to tragic failures. In cases where lifeguards were negligent or pools were improperly staffed, victims or their families may have grounds for a lawsuit. A swimming pool injury attorney can review training records, surveillance footage, and incident reports to determine whether lifeguard negligence played a role in the drowning.
What should I do if the drowning accident involved a boating or jet ski incident?
Boating and jet ski-related drownings often occur due to reckless operation, lack of safety equipment, or alcohol use. Georgia law requires boaters to have life jackets for all passengers, and operators can be held liable if they fail to provide proper safety gear. Accidents frequently happen on busy waterways like Lake Lanier, where inexperienced or intoxicated boaters put others at risk. If a loved one drowned due to another boater’s negligence, a lawyer can investigate the crash, gather witness statements, and determine whether violations of Georgia’s boating laws contributed to the accident.
Will my case go to trial, or can it be settled out of court?
Most drowning accident cases in Georgia are resolved through settlements with insurance companies, avoiding the need for a trial. However, if the insurer refuses to offer fair compensation or disputes liability, taking the case to court may be necessary. Cases involving severe negligence — such as a resort covering up pool safety violations — are more likely to go before a judge. An attorney can negotiate aggressively for a settlement but will be prepared to take the case to trial if needed to secure full compensation.
How much does it cost to hire a drowning accident lawyer in Atlanta?
Most drowning accident attorneys in Georgia work on a contingency fee basis, meaning you pay nothing upfront, and they only get paid if they win your case. The attorney’s fee is typically a percentage of the final settlement or court award, usually between 30% and 40%, depending on the complexity of the case. This arrangement ensures families can seek justice without worrying about immediate legal fees. A free consultation with a lawyer can help determine the strength of your case and outline the next steps.
Contact a Georgia Drowning Accident Attorney in Atlanta Today
People responsible for causing a drowning accident are often reluctant to admit wrongdoing. They may even try to claim that your loved one did something to cause their drowning accident in an effort to avoid responsibility and get out of having to pay your family for your loss.
That's not right. That's why we want to work with you. We know how to investigate drowning accidents. We know what questions to ask, what evidence to search for, and how to combine that information into a compelling legal case. Contact us and schedule an appointment right now with one of our experienced and dedicated Georgia personal injury lawyers. Your best interests come first at Gary Martin Hays & Associates.
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