Legal Question in Insurance Law in Georgia

Homeowners with swimming pools

Last year I was in a drowning accident that ended in my being in a coma for four days. I experienced short-term memory loss the physicians thought would go away, but if anything has become more pronounced. The accident happened at a private home with a nine foot pool. The owner knew my swimming abilities are limited to none at all. He left me alone in his pool legally under the influence of alcohol. Although I received $2000 for medical expenses from his insurance company - that money was gone long ago. Now due to brain damage suffered in the area of my brain that controls memory; while submerged in the pool without oxegen, I am now and expect to continue to incur additional medical expenses. Also, the memory loss has affected my ability to perform my job which includes supervison if other employees. Aside from the $2000 for medical expenses, am I eligible for any assistance or compensation from the homeowners insurance policy?

Asked on 2/07/07, 8:29 pm

2 Answers from Attorneys

Ronald Arthur Lowry Ronald Arthur Lowry

Re: Homeowners with swimming pools

The short answer is maybe but you have to prove fault on the part of the pool owner. The insurance policy to which you make reference is a liability policy which insures the pool /home owner- not you. It had a med-pay provision- that's what paid off already- which pays regardless of fault. You have given at least the start of a good liability argument as to why the pool/home owner is responsible for your injury. He left you next to the pool in a drunken condition. However this is going to be a difficult case in several repects.The other side will undoubtedly argue that the event was your own fault. You also probably do not look injured. It will be necessary to prove your disability with the right expert testimony. Your case is really quite unusual. You drowned but did not die.You are very lucky to be alive and not in a persistent vegetative state. I had such a case about 10 years ago. It is tougher than you may think to prevail in such a matter. Get a GOOD lawyer who has LOTS of experience in tort cases ASAP. To my mind you have already let too much time pass. The evidence trail is getting colder each passing day. Good luck.

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Answered on 2/07/07, 9:22 pm

Re: Homeowners with swimming pools

There may be some options for you; however, your first step to determine what they are will involve arranging a consultation with an attorney to exchange information. Please feel free to call me in the event that you wish to do so.

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Answered on 2/07/07, 8:58 pm

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