Swimming pool accidents happen every year in Augusta. They can occur in seconds and often lead to horrifying consequences. Most swimming pool accidents happen because someone was negligent. You have the right to financial compensation. Talk to an Augusta swimming pool accident attorney.
At John Foy & Associates, we know how to help. We have devoted our careers to helping the victims of accidents and injuries. We have over 20 years of history representing swimming pool accident victims, beating insurance companies, and getting results. Call us at (404) 400-4000 and get your free consultation today.
Why Are Swimming Pool Accidents So Common?
Many people, including many pool owners, property managers, and fellow swimmers, don’t respect how important it is to follow basic safety precautions. The result is that swimming pool accidents are shockingly common and can happen in many different ways:
- No fencing: Many pool owners don’t fence their pools or leave gates unlocked, even though most parts of Georgia require at least a 4-foot fence. This makes it easy for small children to get in unattended.
- No supervision: Some pool owners take a risky, hands-off approach to guests and children using their pool. They may assume that neighbor kids understand pool safety just because their own kids do. Without supervision, children can easily run into trouble in the water.
- Lack of basic safety measures: Surfaces around pools can get slippery. And jumping into shallow water can be disastrous. But many pools lack warning signs, high-traction surfaces, or even an indication of which end is the shallow end.
- Equipment in poor condition: Some pools have equipment in poor condition. Anything from a diving board to a drain system can be dangerous if not correctly installed and maintained.
These factors are more than just common causes of injury. They’re also examples of premises liability. When someone is careless with the safety of others, that person is held legally liable for the results.
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Our Swimming Pool Accident Lawyers Can Help You Recover a Settlement
When you contact one of our Augusta swimming pool accident attorneys, you strengthen the chances of recovering a settlement for your claim. This is due to many beneficial factors our lawyers can do on behalf of your case.
Helping You Collect Evidence
Even though the Official Code of Georgia Annotated (OCGA) § 51-1-6 allows you to file a claim to recover compensation, that doesn’t mean you automatically get a settlement. You still have to prove that a negligent action caused your damages, either during negotiations or trial.
To do so, our swimming pool accident lawyers will help you recover essential evidence that can strongly support your claim. This way, the insurance company, and the defense have little or no argument against the claim you file.
Providing Expert Legal Advice
Personal injury law can get very complex, even for basic cases. Since every case is unique, there’s no way to know all the legal options you have until you meet with a lawyer. We can give you expert legal advice on your case and answer any questions you may have.
Handling the Insurance Company
Always keep in mind that insurance companies are never on your side. They may seem sympathetic for your swimming pool accident. An insurance adjuster will most likely try to reach out to you to settle your claim as fast as possible. While this may seem like a genuine act of goodwill, in reality, they’re just trying to get you to settle for less and avoid retaining a lawyer.
We will ensure that you get the maximum amount of compensation available. The Augusta swimming pool accident lawyers at John Foy & Associates will ensure that your settlement value gets accurately calculated. If necessary, we won’t hesitate to take your claim to trial.
Children Frequently Get Hurt in Pool Accidents
This is one of the hardest things you can go through as a parent. But, we’ve worked with many families to get them justice and a fair settlement. There are no easy answers, but it’s essential to understand your rights and how you can enforce them.
We can break down the risk factor for kids by grouping them into two age groups:
- Children aged one to four: This is the age when a child is old enough to move around but not yet old enough to understand the dangers of water. Many children of this age cannot swim.
- Teens aged 15 and up: This is the age when children are more likely to think they can swim unattended or to explore a swimming pool without telling anyone where they’re going. This age is also likely to be involved in more adventurous swimming activities, such as water parks, wave pools, or a high school diving team.
Children are the most common victims of pool accidents, especially drowning. According to the Centers for Disease Control and Prevention (CDC) drowning facts, drowning is the second leading cause of death for children aged 1 through 14.
My Child Got Injured in a Swimming Pool Accident. What Should I Do?
Unfortunately, children and their parents often get blamed for their own swimming pool accidents. However, that doesn’t mean the law isn’t on your side. Legally, swimming pool owners have several legal duties.
For example, they are supposed to secure their pool so that small children cannot wander in. And they’re supposed to supervise guests when they have them, even the friends of their teenage children. In addition, public pools and water parks are supposed to have vigilant lifeguard staff on duty at all times and must keep all equipment in a safe condition.
When a child gets harmed at a pool, it usually means an adult was not doing their job. And that means they or their company are liable. As the parent, you have a right to:
- Enforce your child’s legal rights on their behalf
- Recover all costs related to the accident
- Recover all non-economic damages, such as the emotional trauma your child has gone through
- If you lost your child, you can file a wrongful death claim
This kind of legal action doesn’t just cover your costs. It also serves to prevent the same type of injury from happening again and create legal pressure for pool owners to keep their premises safe.
How does Filing a Claim for a Swimming Pool Accident Work?
Although every claim is different, all swimming pool claims in Augusta follow the same basic process:
- We file a claim with the insurance company of the liable party. It’s rare to make a claim against an individual since pools are almost always covered by property insurance or a general liability policy.
- We investigate and build a case. Our investigative team can go to the scene, gather evidence, and follow up on possible witnesses. We can also pull records about past safety violations. All of this makes your case stronger.
- We negotiate with the insurance company. Many insurers will make an early offer, but it’s rarely the total amount you have a right to. We understand how to negotiate with insurers and what form of leverage gets the best results.
- In most cases, we will reach a settlement agreement without a lawsuit. The proper evidence and the right tactics can make even a tough insurance company give in.
- In some cases, we’ll take your case to court. If the insurer doesn’t offer you a fair amount, the local courts are the best recourse. We are experienced litigators with a reputation for courtroom successes.
Our swimming pool accident lawyers in Augusta make this process as stress-free as possible. We don’t believe you should have to deal with a complicated legal process on top of your accident.
Statute of Limitations for Swimming Pool Accidents in Georgia
The statute of limitations for swimming pool accidents in Georgia is two years. As long as you file your claim before the two-year mark is up, there is a chance you can get a settlement. Don’t wait until the last minute to file your claim. If you wait too long, you risk losing critical evidence, which can mean the difference between receiving compensation and losing it.
Talk to an Augusta Swimming Pool Accident Lawyer for Free
One swimming pool accident can leave an individual or a family with a lifetime of consequences. So, let us be your ally. John Foy & Associates offers some of the most respected injury lawyers in the state and a proven history of winning cases. Our results speak for themselves.
Call our swimming pool accident lawyers in Augusta at (404) 400-4000, or fill out the form to your right and get your free consultation today.