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Summer is for fun. But know your rights when negligence occurs.
Pool
Jubeo Hernandez, Unsplash

This article appears in the July edition of 400 Life Magazine.


As the summer season continues, legal issues that are particular to summer fun frequently arise. 

Summer activities during outdoor days are often governed by certain statutes. For example, when a person visits a place that does not charge any money for using the

Steven Leibel
Steven Leibel, principal Attorney at Leibel Law
property, the Recreational Properties Act governs whether a person can bring a lawsuit against the property owner when a person gets injured due to negligence.

Some years ago, I represented a family who entrusted their 3-year-old to a day care center. The center, which was governed under law to supervise children, did not have an insurance policy and proceeded to take the child to a public swimming pool. The Lifeguards on duty failed to watch the child and she sadly drowned. 

Normally a child injured by the negligence of the Lifeguards would be governed by the Recreational Property Act and would thus bar recovery. Fortunately, in our case the owner of the pool claimed a nominal fee which opened the door to coverage. I am proud to say that we were able to settle the case for the value of the life of the young child.

Another regulation that applies specifically to summer recreations is a requirement concerning swimming pools. Under Georgia Law, all swimming pools must satisfy a fencing requirement. This requirement regulates that all pools must be fenced and alarmed.

Homeowners are allowed to use their house as one side of the fence, and if they do, they are then required to place an alarm on the door leading outside to the pool from inside. Other pool gates or entryways must be made so they open away from the pool. Gates are not allowed to push open toward the pool from the outside of the fence. 

Some time ago, we represented a family who lost their young child who drowned in an improperly fenced and maintained swimming pool.The child could not be seen getting in the pool or easily located because the water was so murky. As a result, the child died without anyone noticing.

Although no amount of money could compensate the family for their son, we brought a lawsuit under the wrongful death statute on behalf of the child’s parents for the value of their son’s life.

As a Lawyer I see a lot of tragedy. This makes me appreciate how precious life is, and how important one’s health is to every person. 

As we go through our summer season, I would like to remind everyone to stay safe and enjoy the warm weather!   


Steven Leibel is the principal Attorney at Leibel Law, he is a Georgia Super Lawyer in personal injury, and is rated preeminent AV by Martindale.com. If you have any questions, please feel free to email at info@leibel.com or call (404) 892-0700. 


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