Swimming pools are designed to be fun and enjoyable, which is why many residents here in Georgia have them in their backyard. Unfortunately, when they are not adequately maintained or secured, these pools can quickly turn dangerous. If the proper precautions are not taken to keep the pool area safe, it can result in hazardous conditions that could result in tragic consequences.
A woman and her young toddler attended a birthday party at the house of the mother’s friend. The party involved a lot of the guests swimming in the backyard pool. However, the woman did not want or allow her 4-year-old to swim.
The woman alleges that there was a lot of dirt and grass around the swimming pool. This led to the water becoming dirty and cloudy due to the pool occupants getting in and out of the pool. Eventually, she says that the water was so cloudy that you couldn’t see all the way to the bottom of the pool.
Because the 4-year-old wasn’t permitted to swim in the pool, she was playing in the sandbox. At some point, she disappeared, and her mother couldn’t locate her. She says that she searched frantically for roughly 30 minutes. It was at that time that the pool wasn’t as busy, and the cloudiness was going away. Tragically, the girl had drowned.
The mother and her husband claim that the friend did not maintain a safe property. The lawsuit alleges that the owner failed to properly supervise pool use, provide lifeguard duties and properly fence off the pool. Any person who has been injured has the right to pursue a premises liability claim to seek damages associated with the harm that has been caused due to the hazardous conditions at the property. In the case of a fatality, a wrongful death claim may be pursued. As would occur if the tragedy had occurred in Georgia, the parents will now have the opportunity to prove the homeowner was negligent and financially responsible for the premises liability claims alleged.
Source: setexasrecord.com, “Parents file suit after daughter drowns at party”, Annie Cosby, Jan. 5, 2015