Earlier this month, the Georgia Court of Appeals issued a written opinion in a Georgia premises liability case involving the tragic drowning death of a young child at a condominium swimming pool. The case required the court to determine the condo association was liable for the child’s death. Finding that the association was not negligent in any way, the court dismissed the case against the association.
The Facts of the Case
The plaintiff in this case was the father of a young boy who drowned in a swimming pool that was located at the condominium complex where his aunt lived. At the time of the accident, the aunt was not present, but the boy was with several other family members. According to the evidence presented at trial, the pool was very crowded on the day of the accident, and the young boy was under water for approximately five minutes before he was discovered. There was also some evidence suggesting that the person who called 911 was unable to promptly give the address of the condo complex, potentially delaying the arrival of emergency responders.
After his son’s death, the boy’s father filed a personal injury lawsuit against the condo association, claiming that the association was negligent for failing to have a lifeguard present, failing to have a safety rope distinguishing the shallow part of the pool from the deep part of the pool, and failing to post a sign with the pool’s address.