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
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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.
Find out more about how we can help you. CHAT LIVE with a representative now.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
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
Learn more about your legal options by chatting with a representative now.