Premises Liability - Wrongful Death
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.