What Is a Premises Liability 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

Key Takeaways

If you were injured in a premises liability in Georgia or South Carolina, the deadline to file a lawsuit is 2 years from the date of injury in Georgia (O.C.G.A. § 9-3-33) and 3 years in South Carolina (S.C. Code § 15-3-530). Both states follow a modified comparative negligence rule: Georgia lets you recover if you are less than 50% at fault (O.C.G.A. § 51-12-33), and South Carolina if you are less than 51% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)), with your award reduced by your percentage of fault either way. Roden Law represents injury victims in Georgia and South Carolina on a contingency fee: the consultation is free and there is no fee unless we win.

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 an Injury on Someone Else's Property

  1. Report it to the property owner or manager in writing. Ask for a copy of any incident report. Verbal notice to whoever was on shift tends to disappear.
  2. Photograph the condition before it is repaired. Dangerous conditions get fixed quickly once someone is hurt — which is good for everyone except your ability to prove what it looked like.
  3. Work out who actually controlled the property. Owner, tenant, management company, security contractor, and maintenance vendor are often five different businesses with five different insurers. Note every name and logo you see.
  4. If you were the victim of a crime on the property, get the police report. Negligent security claims turn on whether the owner knew the area was dangerous. Prior incidents at the same address are usually the proof, and they are on record.
  5. Request preservation of surveillance footage in writing. Retention is often measured in days. Ask in writing and keep a copy of the request.
  6. Get medical care and keep every record. Follow through on referrals. Gaps in treatment are the most common way a serious injury gets valued as a minor one.
  7. Do not sign a release or give a recorded statement. The adjuster calling within days works for the property owner. Roden Law offers free consultations.

The Rules That Apply

  • 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).
  • 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.

How negligence, compensation, deadlines and fault work: Premises Liability Lawyers →

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
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Recent Case Results

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.