Few events are more devastating than losing a loved one or watching a family member suffer after a drowning accident. These cases are unlike other types of injury claims because the harm is sudden, silent, and often fatal. The pain is compounded by knowing the tragedy could have been prevented if proper care had been taken. At McArthur Law Firm, our attorneys have decades of experience holding negligent parties accountable in Georgia, and we know how to confront the complex issues that drowning accident cases bring.
Georgia Drowning Accident Lawyer
We stand with families throughout Georgia who are left reeling after an accident at a pool, lake, river, or waterpark. These cases demand more than paperwork; they require a law firm willing to dig into the facts, expose safety failures, and press for accountability in court when necessary. In the sections below, we share important information about drowning accident cases in Georgia: how and where they happen, the parties who may be legally responsible, the legal claims that can be filed, the categories of financial recovery that may be pursued, and the ways a drowning accident lawyer fights for justice on behalf of victims and their families.
McArthur Law Firm serves the entire state of Georgia, including: Fulton County, Bibb County and Fulton County, as well as Clayton County, Cherokee County, Forsyth County, and surrounding communities. For more information about the McArthur Law Firm or to set up a free consultation to learn what we may be able to do to help you with your drowning accident and/or injury case, give us a call at one of our offices in Georgia or fill out our online contact form.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
- Warner Robins: 478-551-9901
Overview of Georgia Drowning Accidents
- Major Types of Drowning Accidents in Georgia
- Types of Injuries From a Drowning Accident
- Common Places Where a Drowning Accident Happens in Georgia
- Liability in Drowning Accident Cases in Georgia
- Wrongful Death in Georgia Drowning Accident Cases
- Role of a Drowning Accident Lawyer in Georgia
- Frequently Asked Questions About a Drowning Accident
- Resources
Major Types of Drowning Accidents in Georgia
Swimming Pool Drowning Accidents — A drowning accident in a pool often happens where people expect safety and relaxation, such as at a backyard pool, an apartment complex pool, or a hotel pool. These accidents may occur when children or adults are left without supervision, when diving boards or drains create hidden risks, or when shallow areas quickly transition into deeper sections that inexperienced swimmers cannot handle.
Boating Drowning Accidents — A drowning accident caused by boating often involves passengers or operators on lakes, rivers, or reservoirs. These accidents may result from boat collisions, sudden capsizing, or people falling overboard. Waves, poor visibility, or crowded waterways can make conditions dangerous, and many accidents happen when life jackets are not worn.
Bathtub and Household Drowning Accidents — A drowning accident inside the home often occurs in places most people would never expect. Bathtubs, hot tubs, or even large buckets and basins can hold enough water to cause a tragedy. Infants and toddlers are especially vulnerable to bathtub drowning accidents because they lack the strength to lift themselves if they slip beneath the surface. Elderly adults or people with medical conditions also face risk if they lose consciousness or mobility in the water. These types of drowning accidents can happen within minutes, and often in only a few inches of water.
Waterpark and Recreational Drowning Accidents — A drowning accident at a waterpark or recreational facility can happen in busy areas such as wave pools, lazy rivers, or water slides. These attractions are designed for fun, but crowded conditions and constant movement can make it difficult for staff and lifeguards to notice when someone is struggling. Children may get pushed under in a wave pool, while older visitors may become fatigued on long water rides. Recreational drowning accidents often occur in public spaces that are popular with families, especially during the hot Georgia summers when waterparks see their highest attendance.
Workplace Drowning Accidents — A drowning accident at work often occurs in industries that involve water or water-related hazards. Construction sites near bridges, docks, or dams pose serious risks, as do shipping jobs and industrial work involving tanks, pits, or large water basins. Workers may face sudden flooding, equipment malfunctions, or unexpected falls into deep water.
Child-Specific Drowning Accidents — A drowning accident involving children is especially devastating because it often happens in everyday environments. Kids may wander into an unfenced pool, fall into a pond, or be drawn to a water feature at a park or apartment complex. Their natural curiosity, small size, and lack of swimming ability put them at greater risk than adults.
Types of Injuries From a Drowning Accident
Brain Damage and Oxygen Loss — One of the most serious outcomes of a drowning accident is brain damage caused by lack of oxygen. When the brain is deprived of air for even a few minutes, permanent harm can occur. Survivors may suffer memory loss, slowed thinking, or long-term disabilities that affect every part of daily living.
Lung and Breathing Problems — A drowning accident often leaves water in the lungs, which can cause swelling, fluid buildup, and infections. Some survivors develop secondary drowning, a delayed reaction where breathing difficulties appear hours after the accident. If not treated quickly, these problems can become fatal.
Nervous System and Muscle Injuries — When oxygen is cut off during a drowning accident, the nervous system can be permanently damaged. Some survivors face seizures, paralysis, or loss of coordination. Muscle weakness and tremors may remain for life, limiting independence and mobility.
Emotional and Psychological Effects — A drowning accident can also leave invisible wounds. Survivors may live with anxiety, depression, or post-traumatic stress disorder. Families who lose a loved one to a drowning accident often struggle with grief, shock, and lasting emotional scars.
Death From Drowning Accidents — Many drowning accidents in Georgia sadly end in death. When a person is submerged too long, the brain and vital organs shut down, and resuscitation becomes impossible. Children, the elderly, and non-swimmers are at the highest risk of fatal drowning accidents.
Common Places Where a Drowning Accident Happens in Georgia
Drowning Accidents in Macon — Macon has several locations where drowning accidents frequently occur. The Ocmulgee River runs through the city and is popular for fishing, swimming, and boating. Strong currents and changing water levels make it dangerous, especially for swimmers who underestimate its force. Lake Tobesofkee, a favorite recreation spot in Bibb County, is another common site of drowning accidents. Families often gather there for swimming, boating, and camping, but its deep areas and busy summer crowds create risks for both adults and children. Private pools in neighborhoods and apartment complexes around Macon also account for many local drowning accidents, particularly when safety barriers or close supervision are missing.
Drowning Accidents in Atlanta — Atlanta and its surrounding areas also see a high number of drowning accidents. The Chattahoochee River is a well-known hotspot where swimmers, boaters, and tubers often get into trouble because of strong undertows, unexpected drop-offs, and cold water temperatures that can shock the body. Lake Lanier, located just north of Atlanta, has become one of the most talked-about places for drowning accidents in Georgia. With millions of visitors each year, the lake’s size, busy boating traffic, and unpredictable water conditions contribute to dozens of tragic incidents. In the city itself, hotel pools and apartment complex pools also play a role in drowning accidents, especially when children are left unsupervised or large groups overwhelm small spaces.
Everyday Settings for Drowning Accidents — While rivers and lakes are often associated with danger, drowning accidents also happen in everyday environments. Backyard pools, apartment pools, and community centers across Georgia can all become sites of tragedy. Families and children are the most frequent victims in these settings, and many drowning accidents occur when routine activities like cookouts, birthday parties, or summer gatherings are taking place.
Liability in Drowning Accident Cases in Georgia
Property Owners and Premises Liability — Property owners in Georgia have a duty to keep their premises safe for invited guests. Under O.C.G.A. § 51-3-1, when a drowning accident happens in a pool, apartment complex, hotel, or waterpark, the owner may be responsible if hazards were not addressed or safety measures were not maintained. Georgia also recognizes the “attractive nuisance” doctrine in O.C.G.A. § 51-3-3, which applies when children are drawn to pools or water features that are not properly secured.
Boat Operators and Watercraft Liability — Many drowning accidents happen on boats or personal watercraft. Georgia law prohibits boating under the influence through O.C.G.A. § 52-7-12.1, which makes it unlawful to operate a vessel while impaired by alcohol or drugs. In addition, O.C.G.A. § 52-7-8 sets standards for safe operation, including rules for speed, equipment, and navigation. When operators ignore these rules and a drowning accident occurs, the law provides a framework for accountability.
Manufacturers of Defective Products — Some drowning accidents are linked to defective or dangerous products such as pool drains, flotation devices, or watercraft equipment. Georgia product liability law, outlined in O.C.G.A. § 51-1-11, allows victims to pursue claims against manufacturers and sellers when a defective product causes injury or death. In the context of a drowning accident, this may apply to items that fail to function as intended in the water.
Employers and Workplace Safety — When a drowning accident happens at work, Georgia’s workers’ compensation system under O.C.G.A. Title 34 generally provides benefits for injured employees or families of workers who die on the job. While workers’ compensation is the primary remedy, some situations may involve third-party claims if other parties contributed to the accident. Work-related drowning accidents often involve construction, dock work, or industrial jobs near water.
Vicarious Liability for Employees and Agents — In certain drowning accident cases, responsibility may extend beyond the individual who directly caused the harm. Under Georgia law, O.C.G.A. § 51-2-2 allows an employer to be held liable for the negligence of an employee if the act happened within the scope of employment. For example, if a lifeguard at a pool or waterpark failed to respond appropriately during a drowning accident, the organization or company that employed the lifeguard may also be held accountable.
Wrongful Death in Georgia Drowning Accident Cases
What a Wrongful Death Claim Is — A wrongful death claim is a civil legal action filed when a drowning accident causes the death of a person due to negligence or a wrongful act. It is separate from any criminal case and is focused on financial recovery for the family. Georgia’s wrongful death statutes, found in O.C.G.A. Title 51, give surviving relatives the right to seek compensation through the courts.
Damages Allowed by Law — In Georgia, wrongful death damages are measured by the “full value of the life of the decedent.” This includes both the economic side, such as lost wages and benefits, and the intangible side, such as time with family and life experiences.
Claims for Final Expenses — Georgia law also permits the estate to recover certain costs related to the death. Under O.C.G.A. § 51-4-5, a separate claim may be brought for medical bills from emergency treatment, funeral and burial expenses, and pain and suffering if the victim lived for a short time after the drowning accident.
Statute of Limitations — A wrongful death claim must be filed within the deadline set by Georgia law. In most cases, O.C.G.A. § 9-3-33 requires filing within two years from the date of death. Certain circumstances, such as a pending criminal prosecution connected to the accident, can pause or extend this period.
Role of a Drowning Accident Lawyer in Georgia
Investigation of the Drowning Accident — A drowning accident lawyer in Georgia begins by gathering evidence to build the case. This may include reviewing police reports, collecting medical records, interviewing witnesses, and working with experts to reconstruct how the drowning occurred. Thorough investigation is the foundation for both settlement talks and lawsuits.
Handling Insurance Claims — Insurance companies often play a central role after a drowning accident. A lawyer manages communications with insurers, prepares claim filings, and challenges attempts to deny or minimize payouts. Legal representation ensures that the claim reflects all medical costs, future care needs, and losses tied to the accident.
Filing a Lawsuit in Georgia Courts — If settlement is not possible, a lawyer may file a personal injury or wrongful death lawsuit in Georgia courts. This legal action is pursued under statutes such as O.C.G.A. § 51-1-6 for negligence and O.C.G.A. § 51-4-2 for wrongful death. The lawyer drafts pleadings, conducts discovery, and presents the case at trial if needed.
Damages Pursued in Drowning Accident Cases — Georgia law allows recovery for a wide range of damages. In personal injury cases, these include medical bills, rehabilitation costs, lost wages, and pain and suffering. The lawyer’s role is to calculate and present these damages in a way that meets the standards of Georgia courts.
Guiding Families Through the Legal Process — A drowning accident case can be legally complex and emotionally overwhelming. A lawyer provides guidance on filing deadlines under O.C.G.A. § 9-3-33, ensures court procedures are followed, and explains every stage of the process so that families can make informed decisions.
Frequently Asked Questions About a Drowning Accident
How long does a drowning accident case take in Georgia?
A drowning accident case in Georgia can take months or even years, depending on investigation, insurance negotiations, and trial schedules. Simple cases may resolve quickly through settlement, while complex claims with multiple parties often require lengthy litigation before compensation is awarded.
How does a drowning accident lawyer prove negligence?
A drowning accident lawyer proves negligence by gathering witness statements, reviewing safety records, consulting experts, and analyzing laws. They must show a duty of care existed, that it was breached, and that this breach directly caused injury, harm, or tragic death.
How much is a drowning accident case worth?
The value of a drowning accident case depends on medical costs, lost income, suffering, and, in fatal cases, the full value of life. Each case requires detailed review, and damages are calculated based on Georgia’s laws, evidence, and expert testimony.
Can families file a lawsuit after a fatal drowning accident?
Yes, families may file a wrongful death lawsuit after a fatal drowning accident in Georgia. Under O.C.G.A. § 51-4-2, eligible relatives may recover damages for the “full value of life” plus medical and funeral expenses through separate estate claims.
How does a drowning accident lawyer handle insurance companies?
A drowning accident lawyer handles insurance companies by preparing claims, negotiating settlements, and disputing denials. They ensure compensation reflects medical bills, lost wages, and suffering. When insurers refuse fair payment, the lawyer files suit and fights aggressively in Georgia courts.
What evidence is needed in a drowning accident case?
A drowning accident case may require police reports, medical records, witness testimony, photos, video, and expert analysis. Lawyers use this evidence to reconstruct events, prove negligence, and establish damages. Strong evidence is critical to securing fair compensation in Georgia courts.
Resources
CDC – Drowning Facts — This page from the Centers for Disease Control and Prevention explains what drowning is, the difference between fatal and nonfatal drowning, and provides statistics on drowning in the U.S. It highlights children as the most at-risk group, describes outcomes of nonfatal drowning, and outlines drowning as a major cause of death among children ages 1–14.
PoolSafely.gov – New Data Shows Child Drownings Remain High — This U.S. Consumer Product Safety Commission resource presents recent statistics on child drowning, showing increases in fatalities among children under 15. It emphasizes risks for children under 5 and highlights the importance of supervision, barriers, alarms, and pool safety devices.
Georgia Department of Human Services – Water Safety: The Key to Preventing Drowning Deaths — This page from Georgia’s Division of Family & Children Services provides water safety information tailored to Georgia families. It discusses fencing for home pools, constant supervision of children, teaching swimming basics, and CPR training.
Atlanta News First – 3 Days After Toddler Drowns in Decatur Pool, Family Wants Answers — This news report covers the drowning of a 2-year-old at a Decatur, Georgia, pool. It provides details about the incident, family statements, the role of lifeguards, and the ongoing investigation. The story shares the family’s grief and questions regarding pool supervision during the event.
Georgia Department of Public Health – Safe Swimming — This page from the Georgia Department of Public Health explains safe swimming practices and drowning prevention in natural bodies of water and pools. It introduces Izzy’s Law, which requires aquatic safety plans for private swim instructors.
Hire a Personal Injury Lawyer for Drowning Accidents in Atlanta, Georgia
McArthur Law Firm serves the cities of Atlanta in Fulton County, Macon in Bibb County, Kathleen in Houston County, Peachtree Corners and Lawrenceville in Gwinnett County, Marietta and Smyrna in Cobb County, Stonecrest, Brookhaven and Dunwoody in Dekalb County, Albany in Dougherty County, Columbus in Muscogee County and throughout the surrounding areas of the state of Georgia.
Contact one of our offices at the following numbers or fill out an online contact form to start building your case.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
- Warner Robins: 478-551-9901
