Articles Tagged with drowning accidents

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According to the Centers for Disease Control and Prevention, 10 people die every day in the United States due to “unintentional drowning.” Children between the ages of 1 and 4 are especially at risk. Among this age group, drowning is the leading cause of death aside from congenital birth defects.

Frazier v. Godley Park Homeowners Association, Inc.

Most child drowning deaths occur in residential swimming pools. In some cases, the pool owner’s negligence may be the proximate cause of the child’s death. You should not assume that just because a child suffers a fatal or non-fatal drowning, the owner is automatically liable. To the contrary, under Georgia law, a swimming pool owner “is not an insurer of its safety.”

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When you visit a public pool or are invited to use a private pool, the operator assumes a certain duty to “exercise ordinary and reasonable care for the safety” of you and any other guests. This means, for instance, if someone drowns in the pool due to improper maintenance or a lack of safety equipment, the pool operator may be legally liable. But what happens when someone drowns in a public body of water such as an ocean?

Downes v. Oglethorpe University, Inc.

The Georgia Court of Appeals recently addressed this question in the context of a wrongful death lawsuit. The victim was a college student who died while participating in a study abroad program. The parents sued the school, alleging its negligence led to their son drowning in the Pacific Ocean.