Homeowners' associations, hotel owners, private pool owners, waterparks and lifeguard companies can be responsible for their own negligence resulting in a drowning.
Unfortunately, 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 Negligence. 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 evaluate your situation.
Attorney Brooke Eaves Wright previously worked as a lifeguard at Myrtle Waves Waterpark in Myrtle Beach and is knowledgeable about the duties of lifeguards. She was previously AED and CPR certified as a lifeguard. Brooke was trained in how to save infants, children, adults, and larger persons from drowning and can utilize her experience to help the families of drowning victims. Adequate and proper training for lifeguards is critical to save lives and keep swimming safe for everyone.
TIPS to stay safe during water activities:
- Wear a life-jacket that meets safety requirements and fits well.
- Pay attention to conditions.
- Always supervise children and infants around and in water.
- Do NOT drink alcohol while swimming, boating, or supervising children and/or infants.
- Make sure children and others know how to swim and have completed swim lessons.
- Follow directions and warning signs.
What types of jury verdicts can be awarded due to a drowning?
An Horry County jury awarded a verdict in the total amount of $20.7 million dollars to the Estate of a man who drowned at the beach. The jury ruled that the dual practice of having lifeguards monitor swimmers in addition to having lifeguards sell umbrellas resulted in a distressed swimmer drowning while he attempted to rescue his children in the Ocean while vacationing in Myrtle Beach. The link below provides more information.
Judges affirms $20.7 million wrongful death verdict, lifeguarding company files appeal (wpde.com)
Injuries can also occur from boating accidents, umbrella injuries, burns and falls from wet floors and surfaces. If an Umbrella is not properly anchored and weighted down into the sand, it can fly through the air and strike a person resulting in injuries.
Attorney Brooke Eaves Wright has experience working on burn injury cases including severe burns to a person's private areas from a Hotel hot tub after the chlorine levels in the water were improperly maintained. In South Carolina, DHEC maintains records of the chlorine levels in pools at hotels and resorts. DHEC has the ability to shut down a resort pool when testing of the pool shows dangerously high chlorine levels. It is crucial that Resorts and Hotel owners and staff follow the requirements to maintain the correct and safe levels of chlorine in their pools and hot tubs to avoid chemical burns to customers, those on vacation, and even children. Exposure to elevated and unsafe chemical levels in a pool or hot tub can result in severe permanent burn injuries.
What types of settlement can an injured person receive due to a chemical burn injury at a hotel or resort?
A $26 million dollar settlement was reached for 3-year-old who suffered serious chemical burns while visiting the Carribean Resort in Myrtle Beach, South Carolina in 2023. The swimming pool had dangerous levels of chlorine that required medical treatment. See the link below to learn more information about this settlement involving Attorney Kenneth Berger.
Myrtle Beach resort to pay $26 million to family of child who suffered chlorine burns in pool | WBTW