What Is a Swimming Pool Accident Case?

Swimming pool accidents cause devastating injuries and drowning deaths. Property owners have strict duties to maintain safe pools and prevent unauthorized access. Our attorneys hold negligent pool owners accountable.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Swimming Pool Accident Lawyers in Georgia & South Carolina

Swimming pools are a source of recreation and relaxation — but they are also one of the most dangerous features on any property. The CDC reports that drowning is the leading cause of death for children ages 1-4 and a leading cause of unintentional death for all ages. Beyond drowning, pool accidents cause traumatic brain injuries from diving, spinal cord injuries, entrapment injuries from defective drains, chemical burns, and electrocution from faulty wiring. Many of these tragedies are entirely preventable with proper safety measures.

At Roden Law, our swimming pool accident attorneys represent victims and families throughout Georgia and South Carolina. We pursue claims against homeowners, apartment complexes, hotels, community pools, and any property owner whose negligence led to a pool-related injury or death.

Common Swimming Pool Accident Causes

Our attorneys handle swimming pool cases involving:

  • Drowning and near-drowning: Inadequate supervision, missing or broken pool fences and gates, lack of lifeguards at public/commercial pools, and absence of rescue equipment
  • Diving injuries: Diving into shallow water, often due to missing depth markers, no “no diving” signs, or deceptive pool design that makes the water appear deeper than it is
  • Drain entrapment: Hair, clothing, or body parts becoming caught in pool drains, leading to drowning or disembowelment. The federal Virginia Graeme Baker Pool and Spa Safety Act mandates anti-entrapment drain covers in public pools.
  • Slip and fall injuries: Wet pool decks without non-slip surfaces, creating dangerous slip and fall conditions
  • Chemical injuries: Improper pool chemical storage, handling, or dosing causing burns, respiratory distress, or poisoning
  • Electrocution: Faulty underwater lighting, nearby electrical equipment, or improper grounding and bonding of pool electrical systems

Georgia and South Carolina Pool Safety Laws

Both states have specific pool safety requirements:

  • Georgia: O.C.G.A. § 31-45-1 et seq. (Georgia Swimming Pool, Spa, and Recreational Water Establishment Act) regulates public and semi-public pools, requiring safety equipment, fencing, proper chemical maintenance, and trained operators. Georgia follows the Model Aquatic Health Code. Local ordinances may impose additional requirements.
  • South Carolina: S.C. Code § 44-1-140 and DHEC regulations govern public swimming pools, requiring fencing, safety equipment, proper chemical levels, and compliance with the Virginia Graeme Baker Act for drain safety.

Private residential pools also carry premises liability obligations. Under O.C.G.A. § 51-3-1, homeowners must exercise ordinary care for invited guests. Additionally, the attractive nuisance doctrine may impose liability to trespassing children who are injured by an unfenced pool.

Drowning Deaths and Wrongful Death Claims

When a swimming pool accident results in death — particularly the drowning death of a child — families have the right to pursue a wrongful death claim. Georgia’s wrongful death statute (O.C.G.A. § 51-4-1) measures damages by the “full value of the life” of the deceased. South Carolina’s wrongful death statute (S.C. Code § 15-51-10) allows recovery for pecuniary losses, mental shock, and loss of companionship.

Compensation for Swimming Pool Injuries

Pool accident victims may recover medical expenses, rehabilitation costs, lost wages, pain and suffering, permanent disability (particularly relevant in spinal cord and brain injury cases), and wrongful death damages. Punitive damages are available when the pool owner demonstrated willful or wanton disregard for safety — such as knowingly operating with broken drain covers, missing fencing, or known electrical defects.

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What to Do After A swimming pool accident

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. your state law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

Proving Your Swimming Pool Accident Case

To win a personal injury case involving a swimming pool accident, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Swimming Pool Accident Cases

Victims of a swimming pool accident injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Swimming Pool Accident Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

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Roden Law Swimming Pool Accident Lawyers Results at a Glance

$250M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating based on 500+ verified reviews
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated April 2026.

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Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Swimming Pool Accident Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.