Hotels are notorious locations that are often dangerous in some way. The pool areas are especially problematic, and they are hotspots for injuries. One of the worst incidents that can happen is a drowning incident. If a loved one or family member drowns at a hotel, you should take action and sue the hotel for damages. Our law firm, the Downtown LA Law Group, will be able to secure you the compensation you deserve.
How can a hotel be liable for a drowning?
Hotels are private entities, and therefore, they must protect all individuals inside and on the property. Individuals fall into one of three categories – invitees, or paying guests; licenses, or social guests; and trespassers, or individuals are not legally permitted to be on the property. Individuals using the pool and those who have rooms are invitees. They are owed the highest level of care available. If you were hurt in a pool accident or a loved one drowned, you must be able to determine the case. Once you have done so, you can file a premises liability claim. A premises liability claim must have at least one these three components to it:
- The hotel owner knew about the pool hazard and took no action to warn guests or to fix the problem
- The hotel owner caused the pool hazard himself
- The hotel owner was unaware that there was a pool hazard but reasonably should have known if he were a more diligent owner or manager
In specific language the hotel can be liable for a drowning if it could have taken action to prevent it from happening. Many hotels will get complaints about their pool areas but will not do anything to fix them. This is a usual issue that does not get enough attention.
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What are causes of drowning at hotels?
Individuals can drown at hotels because of many problems. Most hotels do not have lifeguards on duty, or they are employed sparingly. As a result, the lack of trained professionals to save anyone is troubling. A parent may let his child go swimming with no supervision under the assumption that a lifeguard is present, but this may not be the case.
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People may also get hurt at the pool and fall in the water with no way to get out. Defective ladders with broken rungs or parts that are not fastened to the pool can cause people to slip and hit their heads, and slippery tiles, broken steps, and over-powered suction or vacuums within the pool can also cause people to get trapped. There is also the chance that a hotel bar will serve patrons past the point of intoxication and will not have any way to keep the guests out of the pool. If the pool area is not locked up, inebriated people can wander by, slip, and fall in. Drowning is not uncommon in these scenarios. There are other defects that may be present as well, such as broken diving boards and such, that can contribute to drowning. Most often, young children are the victims of drowning in hotel pools. Adults drown less than children do. Families on vacation are the most common victims of drowning accidents. If you wish to take legal action against the hotel for a drowned family member, call our firm today.
What should I do if a family member or loved one drowns in a hotel pool?
If a loved one suffers a drowning accident at a hotel pool, you should gather as much evidence as possible so that you can appropriately sue the business. Your evidence can include the following:
- Photos from the scene of the accident and the hazard that was present
- Proof that you were a guest at the hotel, such as a receipt, bank statement, purchase details, and more
- Eyewitness testimonies or statements from fellow guests or family members
- A copy of the police report if they visited the scene of the incident
- A copy of the incident report that you filed with the hotel after the accident
It is important that you file an incident report only after you have gotten other evidence. The hotel may try to conceal hazards or fix them ahead of time to escape liability. To prevent this, you should immediately get as much proof as you can. You should then reach out to a skilled lawyer with experience in pool accident claims. Our attorneys will be able to work through your case and win you what you deserve while you focus on more important parts of life.
What kind of restitution is available from a hotel drowning accident lawsuit?
If a loved one passed away in a drowning accident at a hotel, you could pursue ample compensation from the business. Your claim may be worth a lot of money, as wrongful death damages can pay for a large amount of losses. We have handled wrongful death claims that are worth well over $1,000,000 and have provided families with ample coverage after the incident. Our expert hotel pool accident attorneys will pursue the following damages for you:
- Pre-death medical bills if there were a need for the individual to go to the hospital
- Pre-death pain and suffering for the anguish the individual fault, as well as future pain and suffering for survivors of the family
- Loss of expected income, inheritance, and savings, which will allow you to sustain a living or have the proper amount of money paid out to you that you would have received in the future
- Loss of relations and consortium for when an individual in a relationship passes away
- Punitive damages, which are difficult to win because they are viewed as excessive or harsh, but can be won in times of gross negligence or when a party intentionally tried to harm you or your loved ones
- Lost income from the time you could not go to work because of the consequences of the untimely death
If you do not hire an expert lawyer to handle your claim for you, you run the risk of not winning nearly as much compensation. It is likely that the insurance agent responsible for handling the claim will outright reject it or doubt that the hotel was fully liable or negligent. You may not have any legal experience at all, and if your claim is deferred, it can be hard to continue on. If you let us focus on your case, you can adhere to the grieving process and try your best to return to a degree of normalcy in your life.
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How much time do I have to file a hotel drowning accident lawsuit?
In California, the statute of limitations on wrongful death claims or premises liability lawsuits is 2 years from the date of the injury. All demandas por lesiones personales adhere to this deadline. If you do not file your claim within the 2-year limit, you will be unable to do so in the future, and you will lose all chances at recovering compensation. It is important that you sue quickly, to preserve your evidence and keep it safe from being lost or damaged. There are a few ways in which the statute of limitations can be extended, though. These exceptions are usually applied to minors who cannot legally sue. If the affected individual was under the age of 18 years old, the lawsuit’s statute of limitations will be postponed and will begin counting down when he turns legal age. Also, some individuals may have been left physically or mentally incapacitated after the incident. they could have tried to save someone or they could have had a nervous or mental breakdown in the aftermath of a death. The statute of limitations, therefore, will not have to be adhered to until the individual returns to functionality. Additionally, the defendant must be present in the state if you wish to sue. If he is gone, you will not have to worry about the statute counting down. The deadline will be suspended until he returns. Dozens of lawsuits are forgotten about or not filed because the victims do not know there is a statute of limitations or they do not know how much time is left for their cases. Our lawyers will make sure your claim is submitted to the proper insurance agency on time and we will immediately get to work on negotiating a fair deal, all within a few weeks.
Nuestra empresa y usted
Downtown LA Law Group is known for its success and for winning high profile cases. We have recovered hundreds of millions of dollars for our clients and our success stories speak for themselves. Our lawyers are known for their aggressive tactics and strategic maneuvers in cases. We are also highly empathetic and understand how traumatic a drowning can be. We will fight for our clients all the way to the end, even if it means going to court to prove that the hotel was irresponsible. Contact our law offices to schedule a free legal consultation with a hotel pool accident attorney. You can ask us anything you wish about the case and we will tell you how much we feel it’s worth. We can be reached 24 hours a day, 7 days a week. If you want to hire us for your claim, we will also give you our zero fee guarantee, which says that you won’t spend any of your own money on the claim. We will only get paid if we win, and if we lose, we receive nothing. You will owe us nothing at all, no matter the result. Póngase en contacto with the Downtown LA Law Group to sue a hotel for a drowning accident.