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. If you have any further legal questions feel free to contact our law offices toll free (855)385-2529. 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
- “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.
– Pool accident claims – Private pool accidents – Swimming Pool Drowning Lawyer – Hotel Liability for Accidents and InjuriesStatute 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. Compensation for Victims: Victims of serious injuries caused by the negligent or intentional acts of other are entitled to compensation for all losses including
- All medical and hospitalization costs
- Cost of future medical and rehabilitation care
- Pain and Suffering including mental trauma and PTSD
- Lost wages and a loss of future income resulting from injuries suffered
- Punitive damages