When Is a Georgia Swimming Pool Operator Liable for User Injuries?
Swimming pools offer an important respite during long, hot Georgia summers. But swimming pools are also a potential safety hazard when constructed, maintained, or used improperly. For this reason, Georgia law imposes a number of regulations on both public and private swimming pool owners.
These requirements include building a safe barrier, such as a fence or wall, to prevent unauthorized entry into pool areas. Pools must also contain easy-to-read depth markers, underwater lighting, and provide appropriate safety equipment. A public or private owner can be held liable for injuries sustained by a person due to that owner’s failure to comply with all applicable safety regulations.
Hotel Not Liable for Injured Guest Who Performed “Cannonball” in Shallow End of Pool
At the same time, a pool operator is not required to absolutely guarantee the safety of everyone who uses the facility. There are certain inherent risks to using a swimming pool. Swimmers must always exercise appropriate judgment–i.e., common sense–when using a swimming pool.
A recent Georgia Court of Appeals decision, Joyner v. Drury Hotels Company LLC, provides a cautionary tale on this point. In this case, the plaintiff was staying at a hotel near Hartsfield-Jackson Atlanta International Airport. The hotel had a swimming pool on the premises. The plaintiff decided to “cannonball” into the pool. Unfortunately, the pool was only three-feet deep at the point where she did so, and as a result she broke her ankle when it hit the shallow floor.
The plaintiff subsequently filed a personal injury lawsuit against the hotel. During pre-trial discovery, however, the plaintiff admitted that she never looked to see if there were any signs around the pool indicating the depth where she entered. In fact, there are 14 such signs posted around the pool. The plaintiff further acknowledged she took no other action to confirm the pool’s depth.
Both the trial judge and the Court of Appeals agreed that the hotel was entitled to summary judgment in its favor. As the Court of Appeals explained, there was simply no proof that the hotel was negligent. The owner of a swimming pool is only liable “if their negligence was the proximate cause of the injury.” Users of the pool still had a “duty to use their eyes to discover any defects or dangers.” A user could not avoid that duty simply by claiming, as the plaintiff did here, that they did not know the depth of the water before diving in.
Contact Hawkins Spizman Trial Lawyers Today
Swimming pool accidents can result in serious and catastrophic injuries that can be fatal. So when a swimming pool operator is negligent in allowing a dangerous condition to exist or persist, they can and should be held legally accountable for their actions. An experienced Atlanta personal injury attorney can assist you in this area. Contact Hawkins Spizman Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.
