How does Georgia law treat swimming pool injuries on private property?

Georgia has no separate pool-injury statute for private homes. The result depends on why the injured person was on the property, because O.C.G.A. Title 51, Chapter 3 sets a different duty for each kind of visitor.

Person hurt Duty Source
Paying guest, tenant, customer Ordinary care to keep the premises safe § 51-3-1
Social guest Liability only for "willful or wanton injury" § 51-3-2
Adult trespasser No duty except to avoid willful or wanton injury § 51-3-3(b)
Child who wandered in Attractive nuisance common law is preserved § 51-3-3(c)

The social guest category surprises people. A friend’s child invited for a birthday party may be treated as a licensee, and the claim then depends on what the host knew of a hidden danger and did about it, not on whether the pool met best practice. Georgia courts have also read the duty to a licensee to include a warning about a known hidden peril once the owner expects the visitor near it.

For a neighbor’s child who slips through a gap, the attractive nuisance question is whether the owner should have expected children, and whether the risk could have been cheaply guarded against. A local building code may require a barrier, and a code violation can support negligence per se if the code was meant to prevent this injury.

Comparative fault applies in all of these, under § 51-12-33, though a young child’s capacity for fault is its own issue. An adult who dives into a shallow pool they’ve used many times faces a strong argument that they knew as much as the owner.

General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.

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