As a law firm that victims turn to for justice, our attorneys get their fair share of tough cases. One case our team will never forget happened in Georgia when a husband and wife went boating on a lake for a day of fun. Moments before dangerous, undisclosed currents capsized the couple’s boat, the husband bravely pushed his wife to safety while he tragically lost his life.
We sat down with Rick Staggard, the attorney who took this difficult wrongful death case, to see how he brought justice and some measure of closure to the widow and four daughters who lost an amazing husband and father because of someone else’s negligence.
How the Tragic Event Unfolded
A husband and wife in Georgia went out to a public park for a day of fun on the lake. What they didn’t know was that there were dangerous currents under the water after heavy rainfall had led the park to open their spillways. When the couple’s boat got caught up in the current, the husband selflessly pushed his wife to safety before the vessel capsized. The boat surged towards the spillways, pinning the husband underwater between the boat and the gates. Despite 911 calls from onlookers, rescuers could not reach the husband in time and he lost his life.
Overcoming Complicated Case Hurdles
In some cases, there is simply nothing anyone could have done to prevent a tragedy. However, our firm has seen time and again where someone else’s negligence has contributed to an accident taking place. In this case, a series of events would add up to what’s known as a “failure to warn,” where dangerous conditions aren’t disclosed and someone is hurt or killed as a result.
Determining Negligence
One of the first hurdles was determining exactly what led to the accident. The case was complicated from the start because this was a public park yet it was managed by a private management company–so who was responsible?
Digging into the details, Rick and his team found that the park had previously been undergoing maintenance, which had caused the spillway gates to be closed for some time. During this time, warning signs of dangerous currents were removed. However, heavy rainfall in the area prior to the couple’s boat trip had caused the maintenance efforts to cease and the spillways to be reopened to help drain the excess water.
The rushing water recreated the dangerous currents, yet there were no longer signs to warn boaters.
Good Case Strategy Is Borne From Experience
The defense team tried their best to throw up any details they could to derail the case. First, they tried to allege that the victim had been drinking, a fact that was almost immediately refuted with a negative blood test. Next they tried to say that the husband was improperly operating his vessel and that he should have known there was danger because of the noise of the water coming through the spillways.
Recreating the scene with the help of audio from one of the 911 calls absolutely proved these claims false. During a long process of 35 depositions, one of the corporate representatives for the management company finally admitted that the conditions were indeed dangerous.
Relief for a Grieving Family
With the help of a world-renowned drowning expert, our team was able to prove that the husband suffered physically and mentally as he went through the process of drowning. While preparing for the case, our team interviewed the daughters of the victim and were sobered at just how raw this tragedy was for them. Their father was a great man who didn’t deserve to die and no amount of money would ever bring him back.
Giving this family relief to finally have closure for the case and vindication for their father, we sought the full value of life for the deceased offered in Georgia and were able to secure $2.7 million for this incredibly deserving family.
Farah & Farah Is Here for the Worst-Case Scenario
At Farah & Farah, our team stands ready to step up for you in your darkest hour. After an accident, you may feel like there’s no solid ground to stand on. Let us be your rock during this time. When you’ve experienced the worst life can deliver, contact our attorneys 24 hours a day, 7 days a week. We’ll review the details of your case and help you understand your options.
