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Atlanta Drowning Accident Attorney

Drowning deaths are the 3rd leading cause of unintentional deaths in the entire world. At Williams Oinonen LLC, it’s our mission to make sure the responsible party is held legally accountable. Our Atlanta drowning accident attorneys will do everything we can to help you get through this traumatic time. Contact an attorney today for a consultation by filling out our online form or calling (404) 654-0288.

The Centers for Disease Control and Prevention estimates that there are 3,960 fatal drownings per year in the United States. This is a staggering number. According to the Georgia Department of Public Health, Georgia averages 122 deaths per year. What’s even more alarming is that many of them are preventable. There are many instances where a loved one drowns through no fault of their own. When this occurs, someone should be held responsible.

What a Lawyer Can Do for You

Many people read about drowning deaths and often assume it’s the fault of the victim. However, there are many circumstances where there is someone else who can be held accountable. An attorney who is experienced in handling fatal drowning cases can help you determine who the responsible party may be and if you have a viable lawsuit.

Most Drowning Lawsuits Are Based on Premises Liability or Negligent Lifeguarding

The majority of lawsuits brought in Georgia dealing with the loss of a loved one to a fatal drowning accident are due to negligence or a premises liability issue. The negligent party could be several different people depending on the circumstances, including a lifeguard, the owner of the pool, or even a hotel owner in some circumstances.

There are many other issues that could bring about a drowning lawsuit as well. If you lost a loved one and believe you may have a claim, it’s in your best interest to contact an experienced attorney right away.

Who is Liable in a Drowning Accident?

In order to be able to file an Atlanta wrongful death lawsuit and hold someone liable for drowning based on negligence, you must prove the following elements:

  1. The owner/manager/lifeguard/responsible party owed a duty to the decedent
  2. They breached that duty
  3. The breach was the cause of the decedent’s death
  4. The decedent’s death caused damages to you or other loved ones

Drowning Cases Based on Premises Liability

The basic principle of premises liability is that if an individual or business owner/manager knows more about a specific danger than you as a guest are aware of, and you or a loved one is hurt or dies as a result of that danger, they may be held liable. If the danger is clearly obvious to everyone, it’s less likely that you will be successful. This generally applies to people who are legally permitted to be on the property. Still, even trespassers may be able to file a lawsuit based on premises liability in some circumstances.

Attractive Nuisance Doctrine

Under Georgia law, an attractive nuisance is an object or condition on someone’s property that is inherently dangerous and attractive to children, such as a swimming pool. The doctrine is intended to protect children who are trespassing. There are five elements that must be met to succeed in an attractive nuisance case.

  1. There is a hazardous condition/object on the property
  2. This hazard is attractive to young children
  3. The child does not realize the risk of this danger
  4. The landowner/possessor should have known that this area is often frequented by children
  5. The landowner/possessor knew or should have reasonably known about the danger and failed to exercise reasonable care in eliminating the danger

An Atlanta Fatal Drowning Accident Attorney Can Help

If you’ve suffered the tragic loss of a loved one due to a drowning accident, we are here to help. The Atlanta drowning accident attorneys at Williams Oinonen LLC have years of experience handling these types of cases and will manage this difficult situation with competence, compassion, and respect. Contact us right away if you’ve lost a loved one due to a drowning accident in Atlanta. Schedule your consultation by filling out our online form or calling (404) 654-0288.