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The Attractive Nuisance Doctrine and Pools

Pools can be a source of relaxation and enjoyment, but can also cause serious injury or even death. Children are among the groups most at risk for pool injuries, and are often injured when they trespass into a pool unattended. Georgia property owners may be held legally liable for these kinds of injuries under the doctrine of “attractive nuisance,” provided that certain conditions are met. If your child has been injured in someone else’s pool, you may be able to recover through a personal injury lawsuit. The attorneys of the Law Offices of Shane Smith are dedicated personal injury advocates who know how to hold negligent property owners liable for their actions.

Georgia law recognizes that certain conditions that might be on a person’s property may be particularly attractive to children. As a result, the law imposes an additional duty on the owners of properties with such conditions under the doctrine of attractive nuisance. In order for attractive nuisance to apply, the following 5 conditions must apply:

  • The owner must know or have reason to know that children may trespass
  • The owner must know or should have known that the condition exists and also knows or should have known that it presents a risk to children
  • The children fail to recognize the danger posed by the condition due to their youth
  • The utility of maintaining the condition and the burden of mitigating the danger are slight compared to the risk posed to children
  • The owner of the property failed to use reasonable care in mitigating the danger or protecting the children

If your child is injured in a pool accident on someone else’s property, the doctrine of attractive nuisance may or apply. If it does, you may be hold the property owner liable for any losses you have or will have sustained as a result of the injury.

Contact a Clayton County personal injury attorney for a free consultation

Pools can present a substantial risk to children, and it is important that pool owners and managers make sure that their premises are as safe as possible. To schedule a free consultation with one of our Clayton County attorneys, call the Law Offices of Shane Smith today at (770) 487-8999.


Shane Smith
Advocate for the Seriously Injured in Georgia