Liability in Tennessee Drowning Deaths

By Thomas Greer | January 26, 2015

With spring right around the corner in Tennessee, many individuals, businesses, and organizations will soon be opening up their pools.  Although a pool is a great way to avoid the unbearable Memphis heat, it can also be extremely dangerous.  Before a pool is opened, it is important to consider the safety of pool occupants.  In summer 2012, 137 drowning deaths of children under age 15 were reported by U.S. media outlets.  Additionally, 168 children required emergency treatment for near fatal incidents.  While these numbers are what have been reported by the media, the Centers for Disease Control estimates that ten people, and at least two children, die every day from unintentional drowning in the U.S.  As pools are opened, it is important for owners to make sure the following safeguards are in place:

  • Install four sided fencing around entire pool to keep young children from being tempted to get in the pool
  • Make sure depths are properly marked
  • Remove any toys that would tempt a child to enter a pool or the area around the pool
  • Install a locked gate to keep uninvited individuals out of the pool area
  • Make sure area around pool is not slick and has plenty of traction to prevent an individual from falling in the pool
  • If a lifeguard is present, make sure they are attentive to those in the pool while working
  • If a lifeguard is not present, make sure there are signs warning of this
  • Make sure chemical balance is correct before allowing anyone in the pool
  • Make sure there is safety equipment in pool area and the equipment functions properly

While it is important for a pool owner to follow the list of safety recommendations above, it is also important for swimmers, or those responsible for children swimmers, to take measures to ensure the swimmers’ safety.

  • Always watch children while they are in the water.
  • Make sure inexperienced swimmers always have on the proper flotation devices
  • Avoid alcohol use while swimming or supervising swimmers
  • Learn CPR if planning to supervise swimmers
  • Spend time teaching inexperienced swimmers how to swim

Even if an individual does not die from a near drowning experience, they could likely suffer traumatic brain injuries from a lack of oxygen.  Depending on the severity of the injury, a victim could require care and treatment for the rest of his life.  In addition to assessing a victim’s injury, it is important for an experienced personal injury attorney to determine what ultimately caused the accident, who was at fault, what kind of claim this is, what economic damages the victim suffered, or how much it will cost to care for the person that has been injured.

If a loved has drowned , or nearly-drowned, it is important to contact an experienced Tennessee attorney as soon as possible to help you understand Tennessee law.  The attorneys at Bailey & Greer represent families with compassion and legal experience.  Call us toll-free today at 901-680-9777 to get your questions answered.  We treat each case we take with the care we would give our own families.

Bailey & Greer represents people with premises liability claims in Tennessee and Mississippi, including Memphis, Germantown, Bartlett, Cordova, Collierville, Arlington, Lakeland, and all of Shelby, Fayette, and Tipton Counties. We have also handled cases in Arkansas, Georgia, and Missouri.

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