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Georgia Lawyers for Apartment Complex Swimming Pool Accidents, Injuries or Fatalities


April 07, 2018

Summers in Georgia can be considerably hot, sending many people to both private and public swimming pools on a daily basis, especially teenagers and young children who are not in school.  Swimming pools are a refreshing break from the heat, and while swimming pools are intended to be fun and relaxing, they can also present dangers. 

Depending on whether a pool is considered private or public property will determine who, if anyone, may be at fault if a person suffers injuries or death related to a swimming pool accident.  Many states treat apartment complex swimming pools as public property, while others do not.  Under Georgia law, apartment complex swimming pools are not considered public property and are therefore not governed by state laws, rules and regulations.  As such, apartment complexes and other private properties may have their own rules governing the use of the swimming pools by both residents and visitors.  Additionally, apartment complex owners have a duty to ensure swimming pools are safe for those using them.

Why Do Apartment Swimming Pool Accidents and Deaths Happen?

Apartment complex swimming pool accidents and deaths can happen for a variety of reasons. Examples of such reasons include, but are not limited to, the following:

  • Slipping on wet surfaces around the pool, which may result in a person falling into the water;
  • Swimming in a deep end that is unmarked and subsequently drowning;
  • Contracting an infection from contaminated pool water;
  • Lack of life-saving equipment to help a person who is in distress while swimming, especially children;
  • Failure to have a lifeguard on duty; and
  • Failure to have safety signs to make sure the pool is adequately marked and safe for all swimmers.

Swimming pool drownings are especially tragic and often involve young children.  Additionally, many swimming pool drownings are preventable, which makes the situation even more devastating.

Who is Responsible for a Georgia Apartment Complex Swimming Pool Accident?

Because apartment complex swimming pools are often private property, and typically only available to tenants and their guests, it can be tricky to determine who may be responsible if a person suffers injuries or death because of an accident.  Overall, the owner of a pool is ultimately the person or party who is responsible for what happens on the property.  For example, if a child drowns in a pool because the deep end was unmarked, it is the owner of the pool who is responsible for ensuring an unmarked pool is not the cause of an injury or death.

If an apartment complex decides to provide a pool to tenants and guests, the apartment complex takes on the responsibility of ensuring the pool is safe for its intended use.  Having a lifeguard is an added safety measure that can help to prevent needless drownings. However, many apartment complex pools do not have lifeguards.  While having a lifeguard on duty may not be required for private pools, there still must be appropriate warnings and indications about pool safety to ensure people using the pool do not get hurt or drown. 

Some apartment complex swimming pool accidents and drownings may involve the conduct of individual tenants or guests.  If a person is injured or drowns and the cause of the accident can be linked to a particular person’s negligent conduct (aside from the apartment complex owner), that specific person may be held responsible for the resulting injuries and death.  All situations are different and require a thorough analysis of the facts to determine what person or party may be held responsible for a person’s injuries or death.

Put Our Law Firm's Over 36 Years Of Legal Experience To Work For Your Case!

If you have been injured because of someone else’s negligence, call Montlick & Associates, Attorneys at Law for your free consultation today. Montlick & Associates, Attorneys at Law has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over 36 years, 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.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at Montlick.com and use our Free Case Evaluation Form or 24-hour live chat.

Source: https://dph.georgia.gov/sites/dph.georgia.gov/files/EnvHealth/Pools/EnvHealthPoolsChapter511-3-5New.pdf

Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (800) LAW-NEED
Telephone: 1 (404) 529-6333

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.