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Drowning Accidents and Premises Liability Claims in Atlanta


As warmer weather approaches and kids will soon be out of school for summer vacation, the risks of drowning accidents are likely to rise in the Atlanta area. Accidental drownings are particularly common among young children, although people of any age can sustain serious injuries in near-drowning incidents and can suffer fatal harm in drowning accidents. Given that Atlanta is firmly inland, there are no risks of drowning in the ocean, yet The Atlanta Journal-Constitution points out that many recreational lakes are in close proximity to the city’s suburbs, and there is a wide range of places where swimming pools exist, from private residences and apartment complexes to public pools and hotels. What do you need to know about drowning accidents and premises liability in the Atlanta area? Our Atlanta personal injury attorneys can provide you with important information regarding drowning accidents.

Drowning Accidents Occur More Frequently Than You Might Think

While recreational swimming is extremely popular, it also comes with the risk of accidental drowning, and these accidents happen more often than you may think. According to the U.S. Centers for Disease Control and Prevention (CDC), approximately 3,960 fatal drownings occur in our country every year, and more than 8,000 nonfatal drownings occur. The highest rate of deadly drownings occurs among kids between the ages of one and four.

Drowning Accidents Are Preventable

Unintentional drownings can always be prevented, whether through careful observation of children while they are swimming or bathing to avoiding alcohol while swimming to erecting fences and barriers to prevent children from accidentally falling into residential and community pools.

Property Owners May Be Responsible for Near-Drownings and Fatal Drowning Accidents

When accidental drownings occur, the property owner where the drowning happened could be liable. Common types of property owners who may be responsible for drowning injuries include but are not limited to:

  • Hotel and motel owners;
  • City or municipality responsible for overseeing public pools;
  • Managers or owners of recreation centers; and
  • Residential property owners.

In Georgia, property owners or renters can be liable for harm that occurs on their property when they fail to maintain the premises in a reasonably safe condition or to warn others about risks of injury on the premises.

Most Drowning Accident Claims Will Have a Two-Year Statute of Limitations

Most drowning accident cases in the Atlanta area will have a two-year statute of limitations, although the clock on that statute of limitations could begin ticking at different points in time depending upon the type of lawsuit. In a personal injury lawsuit filed by the injured party, the two-year clock will start ticking on the date of the accident. In the event of a fatal drowning, the two-year wrongful death statute of limitations begins ticking on the date of the deceased’s death.

Contact Our Atlanta Personal Injury Lawyers

If you have questions about filing a premises liability lawsuit for drowning, or a personal injury claim for any other accidental injury resulting from another party’s negligence, an experienced Atlanta personal injury attorney at our firm can assist you. Contact Stewart Miller Simmons Trial Attorneys online or call our firm at (404) 529-3476 to learn more about how we can help you to seek compensation for your losses.

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