Weaver Law Firm can help you if you’ve been injured in a premises liability accident in Cumming. There’s no easy way to talk about drowning accidents.
Whether it happens at a neighborhood pool, a lake outing, or even a backyard gathering, the outcome is always devastating. Even in a place like Cumming, these hazards are closer than you might think.
Our team can walk you and your family through what comes next. Set up a free consultation today.

Why Would You Need a Lawyer After a Drowning Accident?
You’re not required to get a lawyer after a drowning accident in Cumming—but depending on how it happened, legal support can take a major burden off your shoulders. These cases often involve not just medical emergencies, but long-term trauma, financial stress, and unclear liability. Here’s how we can help:
- Look into what happened and who may be responsible
- Collect important records—medical, safety logs, inspection reports
- Talk to witnesses or public agencies involved
- Handle conversations with insurance companies so you don’t have to
After a drowning accident, it’s hard to focus on the details. We take on that part, so you can focus on your family and recovery.
Who’s Responsible for a Drowning Accident in Cumming?
In Georgia, drowning cases often fall under something called premises liability. That means if the accident happened because a property owner or organization didn’t take reasonable steps to keep people safe, they may be held responsible. Who that includes depends on where (and how) the drowning happened. Usually, though, it falls on:
- Homeowners who failed to secure a backyard pool
- Apartment or HOA managers who didn’t maintain safe conditions
- City or county agencies, if the accident happened at a public space like Mary Alice Park or a community pool
- Lifeguards or pool staff, if they failed to act appropriately
- Pool equipment or gate manufacturers, if a product defect contributed
- Maintenance or security contractors, if negligence played a role
We work hard to find every person or group who may have contributed to what happened—because in these cases, liability isn’t always straightforward. But once you have it, you can move forward with filing a claim.
What Damages Can You Get in a Drowning Accident Claim?
Even if you survive a drowning, it doesn’t mean everything goes back to normal. Many people face long hospital stays, brain injuries, or emotional trauma that doesn’t go away. And when a drowning is fatal, the loss affects every part of a family’s life—financially, emotionally, and practically. That’s the main reason why you’re able to file a claim in this situation, either through:
- An insurance claim out of court.
- A personal injury lawsuit.
With a claim filed, you can get certain damages depending on what your injuries are. For most drowning accident claims, this means getting things like:
- Medical expenses – This covers the cost of emergency care, hospital stays, surgeries, medication, rehabilitation, and follow-up treatment.
- Lost wages and future income – This relates to the income you missed while recovering and any long-term impact on your ability to work or earn a living.
- Pain and suffering – This covers the physical pain and emotional toll the accident has had on your daily life.
- Emotional distress – This relates to the mental health effects of the trauma, including anxiety, depression, or PTSD.
- Reduced quality of life – This covers the ways your life has changed, especially if the injury prevents you from doing the things you used to enjoy.
- Wrongful death-related costs – This includes funeral expenses, the loss of financial support from a loved one, and the emotional weight of their absence.
- Punitive damages – This may apply if the person or organization responsible acted with serious carelessness or disregard for safety.
In Georgia, you typically have two years from the date of the accident to take legal action. But depending on where it happened—like at a city-owned pool or park—you may have as little as six months. And if the injured person is a child, the timeline may work differently. That’s why it’s best to talk with our team early on.
What Can I Do After a Drowning Accident To Help My Claim?
Drowning and near-drowning accidents can unfold in a matter of seconds. And they can happen anywhere there’s a source of water. It’s all about knowing what to do afterward can make a big difference—not just for your health, but for any future claim.Here are the steps to take if you or someone you love is involved in a drowning accident:
- Call for help right away – Make sure emergency services are on the way. If lifeguards or trained staff are nearby, tell them first. Always call 911 if there’s any sign of injury or distress.
- Get medical care – Even if the person seems okay, drowning injuries can worsen over time. Make sure they’re taken to the hospital to get checked out.
- Report the incident – Let whoever is responsible for the area know what happened. Whether it’s a pool manager, homeowner, or city employee, reporting the event helps create a record—and may show signs of negligence.
- Gather information and evidence – Take photos of the area, any hazards (like broken gates or missing safety equipment), and save all related records—medical bills, communications, and names of witnesses.
These early actions help protect your well-being and give you the tools to hold the responsible party accountable if negligence was involved.
Where and How Do Drowning Accidents Happen in Cumming?
Cumming may not sit on the coast, but water is part of everyday life here—from backyard pools to lakeside gatherings. And while these places are meant for fun or relaxation, drowning accidents can and do happen, especially when someone drops the ball on safety. Here are some of the most common locations for drowning or near-drowning accidents around Cumming:
- Swimming pools – Many homes in Cumming have private pools, and accidents often happen when gates are left unlocked, there’s no fence, or children aren’t supervised.
- Lake Lanier – With thousands of visitors year-round, Lake Lanier is a beautiful spot—but it also brings serious risks, especially for unsupervised swimmers, boaters, or inexperienced paddlers.
- Neighborhood and community pools – Subdivisions and HOAs throughout Forsyth County often have shared pools. Drowning accidents here may involve poor maintenance, missing safety signs, or lack of lifeguards.
- Hot tubs, bathtubs, and spas – Small spaces can still be dangerous, especially for young children or people with medical conditions. Many home drownings happen in bathrooms or backyard spas.
- Flooded streets or yards – After heavy rain, standing water in low-lying areas can pose unexpected risks, especially for children.
- Hotels, gyms, and rental homes – Pools and spas at local accommodations or Airbnb properties must meet safety standards. When they don’t, the risk of injury or drowning rises.
Drowning and near-drowning accidents often lead to serious injuries—brain damage, lung issues, or long-term trauma. That’s where our team steps in—to help you build a strong case and take the pressure off your family.
Frequently Asked Questions
Can I file a claim against the city if the drowning happened at a public pool or park?
Yes. If the accident happened at a city-run pool, splash pad, or public park in Cumming, the city may be responsible for keeping that area safe. That includes having the right signage, working gates, and trained staff on-site.
What is my claim worth?
This depends on your injuries, which can be pretty serious in a drowning or near-drowning. Generally, though, you can get medical expenses and additional damages if the person or group that’s responsible for overseeing the water is negligent.
Can I still file a claim if I survived the drowning?
Yes. Many survivors face serious health issues—brain injuries, lung problems, or trauma that affects day-to-day life. Even if the person lived, you can still file an injury claim based on those lasting effects.
Legal Help After a Drowning Accident in Cumming
Drowning accidents are overwhelming—when someone survives. The recovery process is often long and emotionally draining. Weaver Law Firm is here to walk you through your legal options, help gather the right evidence, and handle the paperwork so you can focus on your family.
If you need help understanding your next step after a drowning incident, reach out for a free consultation. We’ll talk through what happened and what your options look like.