Homeowners' associations, hotel owners, private pool owners, and lifeguard companies can be responsible for their own negligence resulting in a drowning.  

Unfortunely, drowning deaths and injuries happen every year in Myrtle Beach.  If the drowning was a result of negligence, the injured person or the loved ones of the person who drowned can have a claim to take legal action against the responsible party.  Hotels and businesses with private beach access have a legal duty to keep their customers safe.  Businesses with swimming pools that employ lifeguards have a responsibility to make sure their lifeguards are reasonably trained.  Private pool owners can also be held responsible if a drowning occurs in their pool due to their negligence.  If a private pool owner at their home is found liable, the homeowners' insurance policy should usually provide coverage to compensate the injured person or family of the person who died from the drowning. 

Common causes of drowning that can be avoided:

  • Lifeguard Neglience.  Drownings can occur when a lifeguard fails to obtain adequate training or fails to pay attention.  
  • Strong water currents.  Lifeguards working at the beach may have duty to warn beachgoers and swimmers of strong water currents and other hazardous conditions of the ocean. Strong water currents can result in drownings and injuries.  
  • Crowded Pool or Waters.  If too many people are allowed to swim or be in the water in one area or pool, it can present a danger.  Overcrowding is especially hazardous when too many people are permitted to fish, swim, and use boats in the same area.  Pool owners should always make sure their pool is not overcrowded.  
  • Lack of Warning Signs.  There may not be adequate signs warning people of hazards related to the water.  
  • Failure to have a gate securing the pool and making sure it is kept closed.  

Attractive Nuisance related to Child Drownings: In South Carolina, a swimming pool can be considered an "attractive nuisance" if it is easily visible to children and left in a manner that fails to prevent a child from entering the pool such as an unlocked or open gate.  Property owners with attractive nuisances on their property such as a pool with colorful floats must take reasonable precautions to prevent use by children and can be found liable for any injuries or harm that results if they fail to do so.  Contact an experienced drowning attorney to evalute your situation.