Important Information for Parents in the Wake of Recent Toddler Pool Drowning Accident


December 03, 2013

This blog post provides general information for those injured in spa and pool accidents. While we have tried to answer many common questions, the best way to obtain answers to questions about your specific situation is to speak to an experienced Georgia drowning accident lawyer at Montlick and Associates for your Free Consultation.

What is the attractive nuisance doctrine?

This is a legal rule that imposes liability on property owners for manmade features or conditions on their property that may entice trespassing children who are unable to appreciate the risks posed by the condition or object. Swimming pools provide the classic example of an attractive nuisance because children are likely to be attracted to the swimming pool out of curiosity, but they may lack the maturity and experience to appreciate the dangers posed by a swimming pool. In other words, a property owner that has not taken certain steps to deter child trespassers, such as installing proper fenced enclosures, locking gates and taking similar precautions may be liable for injuries to uninvited children.

How many drown each year?

Drowning is the third leading cause of accidental death annually in the U.S., claiming the lives of 8,000 people per year. Another 600 people suffer severe injuries like brain damage in near drowning incidents.

What is a spa entrapment accident?

A spa (or pool) drain entrapment accident occurs when the suction of a pool pump causes someone to be trapped when covering the drain opening. It is not uncommon for children to attempt to cover the drain cover with their stomach, feet or other parts of their body and struggle against the suction generated. There are federal and state laws as well as industry standards that mandate requirements to prevent spa drain entrapment injuries. Spa drain covers manufactured and marketed in the U.S. must meet certain safety standards and have a drain safety cover. If a public pool/spa is equipped with a single main drain that can be completely blocked, the pool or spa must be equipped with devices that are designed to prevent entrapment based on industry standards. These devices must immediately stop suction in the event of entrapment along with the pools/spas being equipped with compliant drain covers.

What types of negligence typically provide grounds for imposing liability in a swimming pool accident or spa drain entrapment accident?

  1. Lack of clear indicators of depth markers
  2. Failure to use pool's safety cover
  3. Absence of pool safety equipment or improperly maintained lifesaving equipment
  4. Pool left accessible to children (i.e. lacking adequate fencing, properly locked gate or alarm system)
  5. Insufficient warning signs
  6. Inadequate supervision
  7. Use of non-compliant pool or spa cover
  8. Improperly installed pool or spa equipment
  9. Non-compliance with applicable laws and safety standards

These are just some of the types of conduct or conditions that may provide a basis for liability in a personal injury or wrongful death claim or lawsuit arising out of a spa or pool accident.

If you or a family member experience injury in a swimming pool accident, our experienced Atlanta personal injury lawyers at Montlick and Associates are available to provide effective legal representation to those throughout all of Georgia and the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.

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Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.