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Hotel Swimming Pool Liabilities: Are Drowning Victims Eligible For Compensation?

Many of us hold dear memories of fun times had with our loved ones at hotel swimming pools, whether it be from childhood or in adulthood. In fact, a swimming pool is likely the single amenity that most epitomizes a hotel stay.

Yet, when guests drown or suffer a personal injury in a hotel pool, the ones lucky enough to survive such incidents are left wondering whether hotel owners can be held responsible. In the instances when death results, surviving family members often ask themselves whether achieving justice is even possible.

Hotel Swimming Pool Accident Attorneys

There's a potential for management to be held liable for injuries suffered by patrons through a lawsuit. However, such premises liability cases can be very complex, sometimes taking years to resolve.

For this reason, it's important to trust an experienced hotel swimming pool injury lawyer with your claim. Call now for a free legal consultation with our team to learn more about the avenues for compensation that are at your disposal.

"Because we are your path to justice" - Laurence Banville

Hotel Swimming Pool Drownings

It's easy to be lulled into a sense of safety by luxurious hotel pool facilities. However, just because a pool is on a hotel's private property (and away from our own homes) does not mean that the risks inherent to a pool are mitigated.

In this situation, the opposite may be true, seeing as how vacationers often want to shed worries during their holidays. By letting their guards down expecting hotel management to ensure the safety of pool-goers, the chances of hotel swimming pool injuries and deaths may even be increased.

No hotel guest ever expects a vacation to a far-away hotel or resort to end in tragedy. Yet, every year, families are forever torn apart when a loved one falls victim to swimming pool negligence.

The worst-case scenario for such recklessness is a drowning death. However, hotel pool accidents need not cause the loss of life for them to have tragic endings.

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Other Hotel Pool Area Accidents

There are plenty of serious injuries that can occur on the pool grounds of a hotel that fall short of drowning. The most common are slip and fall accidents, seeing as how swimming pools are aquatic environments where slippery surfaces are almost a given.

A slip and fall swimming pool accident can result in fractures, concussions, ligament sprains, spinal cord injuries, or worse. It goes without saying that these are more than simple scratches - these injuries are severe and they can have life-changing repercussions.

Premises Liability Laws & Hotel Pool Injuries

It's clear that injuries in hotel swimming pools are a serious concern. Correspondingly, it's only normal to ask whether laws have already been established to support the individuals who fall victim to these types of injures.

Indeed, just like many other private businesses, a hotel property owner does owe their guests a duty to provide a safe environment. This duty and other "unspoken" contracts are often delineated by premises liability law.

Safety Requirements

Specifically, premises liability laws surrounding hotel pools can also state that the property manager must:

  • maintain proper lighting
  • regularly inspect safety equipment
  • install & maintain important signage or markings (i.e. depth marking)
  • hire lifeguards (in some cases)
  • test the pool water daily

These are only some of the standards that must be maintained to avoid injury. If it is found that a hotel did not maintain its pool area up to such standards and this negligence of duty results in personal injury or wrongful death, they may be held liable.

Filing A Personal Injury Claim After A Hotel Swimming Pool Accident

If a business owner or manager is negligent in their duty to maintain the property, such as by meeting the aforementioned pool safety requirements, they open themselves to legal action by victims of their carelessness.

And yet, just the fact that injuries were inadvertently suffered by patrons of a business owner does not mean that the case will be easily won. In this type of case, negligence must be proven - and proving negligence in a courtroom is much more difficult than the average individual would think.

Hotel Swimming Pool Ladder Meets Safety Requirements

Proving Negligence Against Hotels

For a victim or their surviving family members to be awarded damages by a court after a drowning, they will have to build a strong case that proves that the hotel property owners or staff were negligent in their duty or duties.

When the wrongdoing is evident, as in the (rare) cases where a hotel staff member intentionally injures a guest, it may be an "open and shut case." It may take but a few months for compensation to be awarded.

Winning Your Lawsuit

On the other hand, a much more likely situation is one where the personal injury is thought to be the result of an unfortunate pool accident. By framing the incident as an "accident," the hotel owner may try to absolve themselves of responsibility for a drowning incident or other injuries and the resulting legal claim. The victim themselves may even come to believe this - that their injury was an accident and that no one holds liability for the damages.

Exactly in such a scenario is where a personal injury attorney experienced in pool accidents proves their worth.

Hotels Are Held Responsible By Banville Law

An injury attorney familiar not only with premises negligence but also with hotel pool injury accident lawsuits will be able to break down the facts of a case and determine exactly who is liable for damages.

It may be that no wrongdoing or violation of safety requirements is found. It also may be that the hotel guests were indeed unfortunate to have suffered injuries or worse. But given the overwhelming trauma that victims go through after such an accident, the least they are owed is for an experienced legal professional to analyze their claim and determine if justice can be made.

Free Hotel Swimming Pool Accident Consultations

The team at Banville Law is here for you after a pool drowning or any other accident that causes injuries or death. Through a free consultation, we will discuss all of the possible avenues for compensation that may exist under your circumstances. We will determine who was negligent and seek out the proper method for holding them responsible.

Even after speaking with our compassionate attorneys, if you decide not to move forward with a claim, you will owe us nothing. This is to say, we are a no-win, no-fee lawyer team. Likewise, if we are not able to secure compensation on your behalf during the litigation process, you will not owe our lawyers any legal fees.

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