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Premises Liability - Wrongful Death

Karns & Kerrison

Although this case occurred in Georgia and was not handled by the Karns & Kerrison, we felt it worth discussion.

A health club could not be held liable for negligence in the death of a guest who drowned while lifeguards were away from their stations, because a liability waiver the guest signed barred such recovery, the 11thCircuit has ruled in applying Georgia law.

Before entering the pool, the man signed an informed consent document. He then introduced himself to a lifeguard and began swimming laps, some of them underwater. Later, while one of the two lifeguards on duty was away checking pool chemicals, another guest discovered the man underwater and unconscious. Attempts at resuscitation proved unsuccessful and he died.

The 11th Circuit held that the negligence claim was barred under Georgia Law by the informed consent form signed by the man.

If your loved one has died as a result of the negligence of another, contact an experienced RI Wrongful Death Attorney now by calling Karns & Kerrison at (888) 281-3100 for a free consultation.


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If you or your loved one suffered severe, life-altering injuries due to someone else’s negligence, we are here to help you fight for justice. For answers to your questions or to schedule a free consultation, contact our personal injury team at (888) 281-3100. We offer our legal services on a contingency fee basis, meaning you only pay attorneys’ fees after we have recovered compensation on your behalf.

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