Swimming Pool Accident Lawyer
Swimming Pool Accident Attorneys in NC, SC & GA
Swimming pool accidents are among the most heartbreaking cases our attorneys handle, because they are almost always preventable. Drowning is the leading cause of unintentional death for children ages 1-4 and a leading cause of death for children under 14. Non-fatal drownings can result in permanent brain damage due to oxygen deprivation, leaving victims with lifelong disabilities. At Dr. Ted Injury Law, we hold negligent pool owners, operators, and managers accountable for the devastating consequences of their failure to maintain safe pool environments.
Our swimming pool accident attorneys handle cases involving residential pools, hotel and resort pools, public municipal pools, water parks, apartment complex pools, and community association pools. Whether the accident involved a child who gained access to an unfenced pool, a drain entrapment, a diving accident, or inadequate lifeguard supervision, we have the experience to build a strong case and fight for maximum compensation.
Common Swimming Pool Hazards
- Inadequate fencing and barriers — Pools without proper fencing with self-closing, self-latching gates allow children to access the water unsupervised.
- Lack of supervision — Failure to provide adequate lifeguards or supervision at public and commercial pools.
- Drain entrapment — Defective or non-compliant pool drains can trap swimmers by creating powerful suction, leading to drowning or disembowelment injuries.
- Slippery pool decks — Wet surfaces around pools without proper non-slip treatments cause slip and fall injuries.
- Defective diving boards — Diving boards over shallow water or in pools not designed for diving.
- Chemical imbalances — Improper pool chemical maintenance can cause chemical burns, respiratory problems, and toxic exposure.
- Electrical hazards — Faulty pool lighting, pumps, and electrical systems can cause electrocution.
The Virginia Graeme Baker Pool and Spa Safety Act
The federal Virginia Graeme Baker Pool and Spa Safety Act (VGB Act) requires all public pools and spas to have anti-entrapment drain covers compliant with ASME/ANSI standards. Pools with single main drains must also have additional safety devices such as safety vacuum release systems, gravity drainage systems, automatic pump shut-off systems, or drain disablement. Violations of the VGB Act can serve as strong evidence of negligence in a pool accident case.
State Pool Safety Laws
North Carolina
North Carolina's Residential Swimming Pool Act requires residential pools to be enclosed by a barrier of at least four feet high with self-closing, self-latching gates. Public pools must comply with Department of Health and Human Services regulations. Contributory negligence applies, but the attractive nuisance doctrine may protect children who access unfenced pools. The statute of limitations is 3 years.
South Carolina
South Carolina requires residential pool barriers under local building codes. Public pool regulations are enforced by DHEC. Comparative negligence applies. The statute of limitations is 3 years.
Georgia
Georgia requires residential pool fencing under local building codes and state regulations. Public pool standards are enforced by the Department of Public Health. Comparative negligence applies. The attractive nuisance doctrine protects children. The statute of limitations is 2 years.
Attractive Nuisance Doctrine
Swimming pools are considered an attractive nuisance — a dangerous condition that is likely to attract children who cannot appreciate the danger. Under this doctrine, pool owners may be liable for injuries to trespassing children if the owner knew or should have known that children were likely to trespass, the condition posed an unreasonable risk of serious injury or death, and the owner failed to exercise reasonable care to protect children.
Compensation
Pool accident victims may recover for medical expenses, ongoing care for brain injuries, lost wages, pain and suffering, permanent disability, and wrongful death. Our attorneys fight for every dollar our clients deserve. Contact Dr. Ted Injury Law for a free consultation.
Related Case Results
Our client was driving home from work on Interstate 85 near Charlotte when an 18-wheeler whose driver had exceeded federal hours-of-service limits ran a red light at a highway interchange, causing a devastating multi-vehicle collision. Our client suffered a severe traumatic brain injury, multiple fractures, and required months of intensive rehabilitation. Through exhaustive investigation, we uncovered falsified driver logs and a pattern of safety violations by the trucking company. After a two-week trial, the jury returned a verdict of $12.5 million, one of the largest trucking accident verdicts in North Carolina history.
A 42-year-old mother of three went to a Charlotte-area hospital for a routine gallbladder removal. Due to the surgeon's negligence, her bile duct was severed during the procedure, leading to a life-threatening infection, multiple corrective surgeries, and permanent digestive complications. Our team retained leading surgical experts who testified that the surgeon deviated from the standard of care. The case was resolved through mediation for $9.2 million, providing our client with the resources to cover her ongoing medical needs and compensate her family for the profound impact on their lives.
A commercial truck driver lost control of his vehicle on a steep descent near Asheville when the truck's brakes failed due to inadequate maintenance. The truck struck our client's vehicle head-on, killing the 38-year-old father of two. Our investigation revealed that the trucking company had repeatedly deferred required brake inspections and that the driver had reported brake issues weeks before the accident. We settled with the trucking company and the maintenance provider for a combined $8.7 million for the surviving family.
A construction worker at a high-rise project in downtown Charlotte fell 40 feet when his safety harness, manufactured by a major equipment company, failed due to a defective buckle mechanism. He suffered a catastrophic spinal cord injury resulting in permanent paralysis from the waist down. We pursued claims against both the equipment manufacturer and the general contractor, ultimately recovering $7.8 million through settlement. The case led to a voluntary recall of the defective harness model.