Atlanta Personal Injury Lawyer Gary Martin Hays Comments on Near Drowning Involving Usher’s Son

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Swimming pool accident attorney Gary Martin Hays, of the Law Offices of Gary Martin Hays, P.C., says pool owners and operators have a responsibility to keep visitors safe, and they may be held liable in accidents.

Swimming accidents often are serious. Victims who do survive may suffer brain damage because they did not get enough oxygen while struggling underwater.

Atlanta personal injury lawyer Gary Martin Hays today said a recent pool accident involving the son of the entertainer Usher underscores the hazards pool drains pose to swimmers.

One of Usher’s sons nearly drowned after apparently becoming partially stuck in a pool drain on Aug. 5, according to an Aug. 6 report in the Atlanta Journal-Constitution (“Usher’s son nearly drowns in Atlanta pool”). Five-year-old Usher Raymond V was rescued and revived by the time paramedics arrived at the Atlanta home in the 2900 block of Howell Mill Road, according to the news report.

“Fortunately, the boy survived, but these types of accidents happen too many times in Georgia and can be fatal,” said Hays, an Atlanta premises liability attorney who represents victims of negligence and families who lost loved ones in accidents.

Hays said pool drains can have a powerful and dangerous vacuum effect when the cover is removed. Someone who swims near such a drain could become stuck by the force and drown, he said.
“Children weigh much less than adults, so they are particularly at risk of getting pulled under water and held down under the force of the vacuum,” Hays said. “Pool owners must make sure the drains are covered when people are using the pool. The owner of the pool may be held accountable for damages if someone is injured or dies in a swimming accident.”

Hays noted that drowning accidents involving negligent pool maintenance can happen in private pools, hotels, motels, water parks, health clubs and other locations.

“Swimming accidents often are serious,” Hays said. “Victims who do survive may suffer brain damage because they did not get enough oxygen while struggling underwater. The accidents can lead to complex swimming pool accident lawsuits that require the skills of an experienced personal injury lawyer who knows how to protect the rights of victims.”

In the case involving Usher’s son, the boy was swimming in the pool when he got trapped by the drain, according to the AJC. His great-aunt and a housekeeper tried to free the boy, and then called for help from two contractors working on the property. One of the contractors was able to reach the boy and administer CPR until paramedics arrived, according to the report.

“This could have had a much worse ending,” Hays said. “Whether you’re a private homeowner or operate a business that has a pool on the property, you have a duty to make sure your pool is safe for swimmers. If you are injured or a loved one is injured or killed in a swimming accident, don’t hesitate to talk to a personal injury attorney about your rights. Many of these accidents are the result of negligence, and when that is the case, you need someone who can address the complicated legal issues related to the accident.”

About the Law Offices of Gary Martin Hays & Associates, P.C.
The Law Offices of Gary Martin Hays is an Atlanta personal injury law firm providing legal representation to clients who have been injured due to the negligence of other individuals and businesses. The firm represents victims of negligent security, traffic accidents and other personal injuries. The experienced attorneys at the firm also can help individuals with workers compensation and Social Security Disability claims. The firm’s office is located at 3098 Breckinridge Blvd., Duluth, GA 30096 and may be reached by telephone at 1-800-898-HAYS or online at

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