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Inadequate or No Gates around Pools Lead to Child Injuries and Death in Georgia

Did you know that about 500 children under the age of five are victims of drowning each year? According to the U.S. Consumer Product Safety Commission (CPSC), there are another 3,000 kids injured annually from near-drowning and treated in the hospital. Sadly, swimming pool drowning is the second leading cause of death for children under the age of five.

While drowning or near-drowning occurs from lack of supervision, sometimes, property owners fail to enclose their swimming pools. Children are attracted to the water and often want to wander over to it. For this reason, property owners need to take responsible steps to prevent drowning. When they fail to take the necessary safety steps and a child subsequently drowns, the property owner can be held liable. Some of the property owners involved in Georgia premises liability cases involving drowning injuries and death, include:

  • Apartment complex owners
  • Hotel companies
  • Schools and daycares 
  • Private residential homeowner

If your child was injured or killed in a swimming pool accident due to property owners violating the law, you may have a premises liability lawsuit for damages. All property owners—homeowners included—have a responsibility to protect visitors on their property from falling into the pool and drowning or nearly drowning. 

For schools, hotels, apartments, or other public locations, safety gates or a total enclosure of a pool can protect children and others from having an accidental drowning accident. For residential homes that typically have swimming pools in the backyards, homeowners need to fence off their backyards so a child or stranger cannot freely walk into their yard and fall into the pool. 

Because swimming pool drowning and near-drowning cases can be complex, victims and their families should speak with experienced Georgia premises liability lawyers for help investigating the cause. The premises liability attorneys at the Law Offices of Shane Smith will investigate to find out these answers:

  • Was there no safety gate around the pool?
  • Was there inadequate fencing?
  • Was a property owner negligent?
  • Was there no lock on the gate
  • Was the gate broken or left open?

Most children under the age of five cannot swim or cannot get out of the pool on their own if they fall in. Sadly, if they remain underwater for too long, they can die or suffer brain injuries from a lack of oxygen. Although a premises liability lawsuit in Georgia will not bring your child back, it will teach the property owner a lesson about being a responsible pool owner. If your child suffered injuries in a pool accident, a lawsuit would bring your family the compensation to ensure your child receives the best medical care. 

For help, turn to a caring and knowledgeable Peachtree City premises liability lawyer at the Law Offices of Shane Smith. Call (770) 487-8999 for a free consultation to find out more about your rights to compensation.


Shane Smith
Advocate for the Seriously Injured in Georgia