What Is a Wrongful Death Case?

Lost a loved one in a drowning or swimming pool accident in Georgia or South Carolina? Our wrongful death attorneys hold negligent property owners, pool operators, and product manufacturers accountable.

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

Drowning and Swimming Pool Wrongful Death Claims in Georgia & South Carolina

Drowning is a leading cause of accidental death in the United States, particularly among children. The Centers for Disease Control and Prevention (CDC) reports that approximately 4,000 people die from unintentional drowning each year, and drowning is the number one cause of death for children ages 1-4. Many of these deaths are entirely preventable and result from inadequate supervision, defective pool equipment, missing safety barriers, and negligent property owners.

At Roden Law, our drowning and swimming pool death lawyers represent families across Georgia and South Carolina who have lost loved ones in preventable drowning incidents. Whether the drowning occurred in a residential pool, a hotel or resort pool, a public aquatic facility, or a natural body of water, our attorneys investigate every angle to hold negligent parties accountable.

Georgia & South Carolina Pool Safety Laws

Both Georgia and South Carolina have enacted pool safety regulations designed to prevent drownings. Georgia’s pool safety regulations require fencing, self-closing and self-latching gates, drain covers compliant with the federal Virginia Graeme Baker Pool and Spa Safety Act, and proper signage. South Carolina’s public swimming pool regulations establish similar requirements for public and commercial pools.

Violations of these safety regulations can establish negligence per se — meaning the violation itself is evidence of negligence — in a wrongful death claim.

Common Causes of Preventable Drownings

Drowning wrongful death cases commonly involve:

  • Inadequate fencing and barriers: Pools without proper fencing, self-closing gates, or pool covers, allowing unsupervised access
  • Defective pool drains: Suction entrapment from non-compliant drain covers, trapping victims underwater
  • Inadequate lifeguard supervision: Understaffed or inattentive lifeguards at public pools, hotels, and water parks
  • Lack of safety equipment: Missing rescue equipment, flotation devices, or emergency communication systems
  • Defective pool equipment: Malfunctioning pumps, broken ladders, slippery decking
  • Negligent property maintenance: Cloudy water obscuring visibility, broken lights, algae-covered surfaces
  • Apartment complex and HOA pools: Failure to enforce rules, maintain equipment, or provide supervision

Pool drownings at hotels and resorts involve both premises liability claims against the property owner and potential product liability claims against defective equipment manufacturers. Our hotel and resort injury lawyers have specific experience with hospitality industry drowning cases.

Wrongful Death Claims for Child Drownings

Child drowning cases are particularly devastating and legally distinct. Property owners owe a heightened duty of care regarding “attractive nuisances” — features like swimming pools that are likely to attract children who cannot appreciate the danger. Under Georgia’s wrongful death statute (O.C.G.A. § 51-4-1 et seq.), parents may recover the full value of their child’s life. South Carolina’s wrongful death statute (S.C. Code § 15-51-10 et seq.) provides similar remedies.

Damages in Drowning Death Cases

Families who lose a loved one to drowning may recover compensation for the full value of the deceased’s life, pre-death pain and suffering (drowning victims may experience terror and conscious suffering), medical expenses for resuscitation attempts, funeral and burial costs, loss of companionship, and in cases of egregious negligence, punitive damages. Contact Roden Law for a free consultation — there is no fee unless we recover compensation for your family.

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What to Do After a Fatal Accident

  1. Take care of your family first. Nothing below is more urgent than that. The steps that follow exist so that decisions made in the first weeks do not quietly cost you later.
  2. Do not let anything be repaired, scrapped, or thrown away. The vehicle, the equipment, the product, clothing, and personal effects are evidence. Insurers move quickly to total and dispose of vehicles — say no in writing until it has been examined.
  3. Request the official reports. The police or incident report, and the autopsy or medical examiner's report. Ask for the complete file, including photographs, rather than the summary page.
  4. Be careful with early insurance contact. An offer that arrives before anyone knows the full picture is not generosity. Do not give a recorded statement, sign a release, or cash a settlement check without advice.
  5. Find out who is legally entitled to bring the claim. It is not simply whoever was closest. Georgia gives the claim first to the surviving spouse, then children, then parents, then the estate (O.C.G.A. § 51-4-2). South Carolina requires the personal representative of the estate to bring it — which means opening an estate first. Getting this wrong wastes months.
  6. Keep the financial records. Pay records, benefits statements, and tax returns establish what the family lost. Funeral and medical bills belong in the file too.
  7. Speak with an attorney before the deadline runs. The clock generally runs from the date of death, and separate claims may belong to the estate and to the family. Roden Law offers free, no-obligation consultations.

Proving Your Drowning and Swimming Pool Death Case

To win a personal injury case involving a fatal 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 Drowning and Swimming Pool Death Cases

Victims of a fatal 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 Drowning and Swimming Pool Death 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.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
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Roden Law Drowning and Swimming Pool Death Lawyers Results at a Glance

$300M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating across hundreds of verified Google reviews from our six offices
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 August 2026.

Recent Case Results

Settlement $27,000,000 $27,000,000 Settlement | Truck Accident
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Recovery $9,800,000 $9,800,000 Recovery | Premises Liability

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 Drowning and Swimming Pool Death 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.