The state of Georgia has enacted laws to provide compensation for families of drowning victims. Under the Georgia Wrongful Death Act, a family can recover damages if their loved one dies due to someone else’s negligence or fault. In cases involving drowning, the victim’s surviving family members may be able to collect compensation from the negligent party for medical costs, funeral expenses, and other economic losses as well as emotional suffering and mental anguish.
To successfully recover damages, the family would need to prove that the drowning death was caused by someone else’s negligence or fault. Examples of potential defendants in a wrongful death lawsuit include employers, landlords, property owners, or operators of recreational facilities such as water parks and swimming pool owners. The first step is to determine who is liable for the victim’s death. This can involve an investigation into the circumstances surrounding the drowning.
When a loved one has been taken from a family due to a drowning death, the family needs to seek legal advice right away. An experienced Decatur wrongful death attorney can help them in these difficult times to determine who is liable for their relative’s death and then pursue the most appropriate course of action. Call Marks Law Group at (678) 251-9309 to schedule a free consultation and discuss your case.
Types of Drowning Accidents
Drowning accidents can occur in a variety of different ways. Some of the most common types of drowning accidents include:
- Accidental Drowning in Public Pools or Water Parks
- Negligence of a Lifeguard on Duty
- Property Owner Negligence at a Private Pool or Water Park
Who Can Be Found Responsible in a Drowning Accident Claim?
The family of a drowning victim may also be entitled to compensation for their loss through a claim against the lifeguard or other personnel who were responsible for providing safety measures and safety equipment at the location where the drowning occurred. This is known as “negligent supervision” and could result in substantial damages if it can be proven that the lifeguard failed to properly monitor the area or take reasonable steps to prevent the drowning.
When a person drowns in an accident, the responsible parties in a claim for damages may include the property owner, the swimming pool or water facility operator, and any third parties who may have been negligent.
The property owner’s liability will depend on whether they have taken reasonable steps to prevent drowning accidents from occurring on their premises. In some cases, a claimant may need to prove that the property owner failed to comply with safety regulations.
Lifeguards on Duty and Their Employer
Under Georgia law, lifeguards who are on duty and employed by a pool or aquatic facility have a legal responsibility to ensure the safety of all patrons. In particular, lifeguards must be vigilant in preventing drowning accidents and other incidents from occurring.
If a drowning accident occurs while a lifeguard is on duty, the lifeguard's employer may face liability for failing to fulfill their obligation to protect patrons of the facility.
Property Owner or Pool Operator
In the state of Georgia, when a drowning victim sustains injury or death due to negligence on the part of a property owner or pool operator, they may be legally entitled to compensation. If the drowning was caused by an unsafe condition on the premises, such as a lack of proper fencing around a swimming pool, inadequate warning signs, or inadequate safety equipment, then the property owner could be liable for damages.
Related Content: Are Apartment Complexes Liable for Drowning Victims?
In cases where the drowning was caused by an employee’s negligence, such as a lifeguard who failed to monitor the swimming pool area adequately, then the employer of the negligent employee may be liable for damages.
Financial Recovery for Victims and their Families Following a Drowning Accident in Georgia
As with any tragedy, a drowning accident can have devastating consequences for the victim and their family. In Georgia, families of victims who lost their lives due to drowning are provided with financial recovery options through both civil and criminal law.
Civil Law
Under Georgia law, the family of a drowning victim may be able to file a wrongful death claim against those responsible for the death. Wrongful death claims seek to provide financial compensation for the victim’s family, including reimbursement for medical expenses, funeral costs, loss of companionship, and loss of income.
Criminal Law
In cases where a lifeguard or other personnel are found to be responsible for negligence in preventing a drowning accident, they may face criminal charges. Depending on the circumstances of the case, the responsible party could face imprisonment and fines.
Personal Injury Claims for Victims Who Survived an Accident
If you have survived an accident and suffered a serious injury, you may be entitled to fair compensation through a personal injury claim. This type of claim can provide victims with financial assistance for medical bills, lost wages, pain and suffering, emotional distress, and other damages.
In Georgia, personal injury claims are subject to the state’s statute of limitations laws. This means that if you were injured in an accident, you must file a claim within two years of the date of the injury. Failure to do so may result in your case being dismissed.
Wrongful Death Claims for Families Whose Loved One Died from a Drowning Accident
When a person dies in a drowning accident, the family of the deceased may be eligible to file a wrongful death claim to receive compensation for their loss. In Georgia, the family of a drowning victim may be able to seek damages from any individual or entity who caused or contributed to the fatal accident. This could include an individual who was negligent in supervising swimmers at a pool, lake, or other aquatic facilities.
Learn More: How to Sue on the Behalf of a Deceased Family Member
Damages that may be recovered through a wrongful death claim include medical expenses, funeral costs, lost wages, and pain and suffering. Under Georgia law, the family of a drowning victim is also entitled to seek punitive damages if the responsible party acted with malice or gross negligence.
Other Risks Associated with Drowning Injuries in Georgia
Drowning is a leading cause of injury-related death among young children in Georgia. Beyond the physical risks associated with drowning, other risks can have serious effects on the individuals and families affected by such incidents.
Risks associated with drowning injuries in Georgia are:
- Spinal Cord Injuries Caused by Near-Drownings
- Traumatic Brain Injuries Caused by Lack of Oxygen
Call Marks Law Group Today for a Free Consultation!
The experienced lawyers at Marks Law Group are here to help you prove a wrongful death claim. We have extensive experience dealing with cases involving drowning and can help ensure that you get the compensation that you deserve.
At Marks Law Group, we understand the pain that drowning victims and their families experience. That’s why we are committed to ensuring you get the maximum amount of compensation you deserve.
Contact our Decatur personal injury lawyers today to schedule a free consultation!