Hotel Liability Swimming Pool Accidental Drowning
Every year hundreds of individual due as a result of drowning in hotel and motel swimming pools. What’s more thousands of individuals suffer from accidents in an around swimming pools caused by the negligent conduct of hotel operators and owners. Hotel resorts, and motels are responsible for the proper upkeep of their property, free of all known hazards. Liability can be established if a failure to properly maintain the premises of a hotel is the cause of a victims injuries. Below is some important information regarding hotel liability for accidents and drowning in and around swimming pools.
California Premises Liability Laws
Under California law property owners owe a duty to (1) protect visitors and guests of all known and knowable dangers and (2) Warn guests of all known dangers within their property. Most personal injury wrongful death lawsuits are based on a negligence cause of actions. Negligence based lawsuits are based on proving several elements.
- The defendants owed a duty to the injured individual
- The defendant breached his duty – i.e. failure to warn or failure to provide for hazard free environment
- The individuals injuries were caused by the breach of the defendant duty
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Filing a Wrongful Death Lawsuit
In certain jurisdictions including the state of California family members of deceased loved one are entitled to file a wrongful death cause of action against all at fault parties. California code of civil procedure section 377.60-377.62 states,
- “A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf: (a) The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.
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Statute of Limitations
The statute of limitations is the time period an individual has to file a claim against a defendant. In the state of California victims of personal injury have two years from the date of the accident/injury to file a claim. Failure to file a claim will eliminate your chances at full and just recovery. Minors, individual under the age of 18 have two years from the date of their 18th birthday to file a personal injury lawsuit in the state of California.
Damages from a Hotel Pool Accident
The value of a premises liability lawsuit will largely determine on the degree of the injuries you suffered. If you were seriously hurt in the incident, you will be able to receive more compensation than if you were not. The insurance agent will look at how much of an impact the injuries on your career and daily life activities, how pervasive and lasting the damages were, if you were partially responsible for the incident, and more. Additionally, if your child were hurt in the incident, the agent will consider his damages and how they impact growth or development. The different types of compensation you can potentially earn from a product liability claim include the following:
- Medical expenses from the past and future for surgery, hospitalization, ambulance transportation, physical therapy and rehabilitation, and more
- Property damage if you lost various pieces of personal property, such as your phone or jewelry
- Missed income if you were unable to return to work, needed to take additional time to recover, required medical treatment that would sideline you, and more; these damages may include bonuses, tips, commissions, and others
- Pain and suffering damages to cover emotional stress, psychological trauma, PTSD, anxiety, fear, and more
- Wrongful death damages to account for loss of life, funeral and burial expenses, pre-death medical bills, pre-death pain and suffering, loss of relations and consortium, loss of expected savings and inheritance, loss of income, and more
You should not have to pay for the various debts and expenses that stem from an accident at a hotel pool. Our attorneys can negotiate a fair deal for you while you focus on recovering from injuries. Some victims try to handle the claim as well as get better, but the increased stress actually delays the healing process. They also might not know how to negotiate, which can lead to very small offers and agreed-upon settlements. Our firm will do everything in our power to win your case, and we will not give up until we are satisfied that you will receive the maximum coverage under the law.
Deadline to File a Wrongful Death Claim in California for a Hotel Pool Drowning
California has a statute of limitations of two years from the date of the injury to file a wrongful death lawsuit. If you fail to sue within that time, you will not be able to collect compensation for the death of a loved one or family member. The statute of limitations is set so that both parties can gather their evidence, but also so that one party does not have a huge advantage over the other. It would be an issue if the plaintiff could suddenly sue years after the death occurred, and it would also be unfair if the company would be off the hook from liability 6 months after the incident.
There are a few ways that the statute of limitations can be extended past this deadline, however In some cases, minors may have been injured, but they are not able to legally sue due to being underage. They can wait until they turn 18 years old before they take action. This is also applicable if a parent dies while the child is underage. Additionally, other victims may have been left incapacitated after the incident, but they would not be able to file claims until they return to functioning health and awareness. This can occur if two or more people were present during the drowning, for example. Further, if the defendant leaves the state, the statute would be suspended until he returns.
Contacting an Attorney
Our personal injury attorney are able to assist you in any legal matters involving injuries caused by the negligent or intentional conduct of others. To schedule case evaluation call toll free (855)385-2529. All consultations are free of charge and confidential.
Common Injuries in and Around Swimming Pools