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by The Stoddard Firm - April 26th, 2022
Swimming pools are understandably popular amenities, especially in warm states like Georgia. In the absence of solid safety precautions, however, they can also be extremely dangerous.
Nearly 4,000 people die by drowning in the U.S every year, and children are especially vulnerable. Drowning is the top cause of death for children aged 1-4, with residential pools being the most common setting. According to the National Drowning Prevention Alliance, most of these drownings happen outside of designated swimming activities, with an adult nearby. Death can be silent and take less than 30 seconds.
Parents are often warned about the dangers of accidental drowning and offered prevention guidance — designating someone to watch the children at all times around bodies of water, insisting upon lifejackets in appropriate situations, starting swimming lessons early, etc. This is all important, potentially lifesaving information. However, among all the parenting advice, it’s important not to forget that landlords have responsibilities too, when it comes to pool safety.
At Cortland’s Park 83 apartment complex in Roswell, this horror recently played itself out in textbook fashion.
On the first weekend of April, several families held a gathering in a clubhouse in the complex’s common area. At some point in the evening, a 4-year-old boy went missing from the gathering. His family searched and found him unresponsive in the pool. Emergency responders performed CPR and rushed the boy to a hospital, but he did not recover. Police believe his death to be an accidental drowning.
As is so often the case after this sort of tragedy, authorities and news outlets have been emphasizing pool safety for parents. What few people are acknowledging is that residential pools are supposed to be equipped with safety fencing and self-closing gates for this exact reason.
Images of Park 83 from Google Maps show that there is a fence around the pool, however, it encircles quite a large area beyond the pool itself. It’s not clear whether there was any barrier at all between the pool and the clubhouse the families were using, which police have described as “adjacent to the pool area.” Even more troublingly, one of these images appears to show the gate standing open on its own, which would be a definitive code violation.
The period immediately following the wrongful death of a loved one, especially the death of a child, is overwhelming beyond measure. The instinct is often to withdraw, especially from the many sudden emotional demands on your time and energy. Few survivors are looking for additional tasks to add to their plates.
As inconvenient or hopeless as it may seem at the time, however, pursuing an appropriate wrongful death lawsuit has great benefits in the long run, emotionally as well as practically. A fair settlement can cover your loved one’s final expenses and give you the flexibility you need to heal and make adjustments in your life. It also allows you to feel secure in the knowledge that you did your part for justice. Accident survivors who enforce their rights help take the profit out of skimping on safety, forcing property management companies to do better.
The sooner you begin working with a lawyer, the more evidence will remain intact for them to use, and the better your chances of success.
If you are the guardian of the child who drowned at Park 83, or if you have also lost a loved one to unsafe premises in the Atlanta area, give us a call to learn how we can help.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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I went through one of the worst times of my life. When I decided to reach out to Matt it was one of the best decisions I have ever made. He really is a genuine guy who cares about his clients. He worked hard for me and my family for 2 years until we were awarded a settlement we felt deserving! I could not recommend a better guy for your legal services!
Attorney Matthew Stoddard and his staff are awesome professionals. I contacted them with a problem, in my opinion he went above and beyond to assist me. He showed understanding and care and exceeded my expectations.
The Stoddard Firm did an excellent job in representing me in my case ! They went far and beyond to help me, even driving 4 hours to meet me multiple times as a client!!! I honestly felt like I was a member of their legal team and would recommend them to anyone in need of a great lawyer!!!
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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