are common anywhere there is a pool, from a school
to a private facility
. Hotels and spas often have pools as well, and so do resorts. Resorts are generally more expansive and less localized, so there may be numerous pools available for use. The atmosphere of a resort could also be more conducive to serious injuries, as the guests may wish to be left alone. If you were at a resort pool and you suffered an injury
, you should reach out to the Downtown LA Law Group
. We will help you sue the responsible party and get the payment you deserve.
What kind of accidents can happen at a resort pool?
A resort is spread out over a larger plot of land than a hotel is, so there are often more activities and locations. Some resorts have pools in specific places to provide views; for example, a small pool can be cut into the top of a hill, providing an overlook below. Other pools are meant for lazy floating or tanning.
The issue is that many of these pools simply do not have the necessary security features that other pools have. Lifeguards may not be properly trained, and in some cases, may not even be present at all. If the lifeguard is not there, the risks of accidents are very high.
Some other causes of resort pool accidents include:
- Defective stairs leading to pools, which can cause slip and falls
- Slippery floors and tiles near the pool edge, which may cause individuals to fall an dslam their heads into the ground
- Faulty ladders leading into the pool
- Excess chemicals in the water
- Defective diving boards and diving into shallow water due to no posted signs
You should take appropriate legal action if you were injured at a resort pool. The injuries you could suffer could include concussions, traumatic brain injuries, broken bones, internal organ damage
, and more. In the worst cases, drowning incidents can occur. It is extremely important that you do not let the resort get away with operating with faulty equipment. File a lawsuit for compensation and we will see to it that you receive what you deserve and that necessary changes are made along the way.
What steps should I take to file a lawsuit for a resort pool accident?
Many individuals do not know what to do if they were hurt at a resort pool and struggle to gather evidence for their claim. They may simply collect nothing and still seek compensation, which will result in them getting nowhere. We recommend that you hire a lawyer to help you show the negligence of the company. Resorts should have safe premises with no hazards present; if you get hurt because of a hazard or defect at the location, you could file a premises liability lawsuit.
A premises liability claim
must show that the property owner caused the hazard, knew about the problem but did nothing to fix it or warn anyone about it, or was unaware of it but reasonably should have known there was an issue. A lawyer with experience in premises liability lawsuits will be able to prove at least one of these points.
Your evidence will be the driving force behind the claim. You should take these steps to get as much evidence as you can:
- Go to the doctor for treatment so that your injuries do not get worse and so that there is no large gap between the damage and the treatment
- Keep medical receipts, doctor’s notes, medication prescriptions, test results, and anything else from the hospital
- Take photos of any injuries you suffered
- Take pictures of the pool, the defects present, and anything else from the scene of the incident
- Acquire security camera footage if possible
- Interview eyewitnesses who can provide testimonies as to what happened during the pool accident
- File an incident report with the resort to alert them to the damages
- Do not accept any form of compensation from the resort, such as free stays or additional benefits, as your claim could be compromised if you do
Upon collecting all your evidence, you should reach out to a skilled lawyer with experience in resort pool accidents. We know the best methods to succeed with your claim. We will take your evidence and write the demand letter to request compensation, and we will submit it to the insurance agency for consideration. If the agent does not make us a worthwhile offer, we will negotiate until we are satisfied.
What kind of restitution can I win in a resort pool accident?
Individuals who were hurt at resorts while swimming in the pools cold potentially sue for large settlements. Some of these settlements have resulted in hundreds of thousands or millions of dollars to be awarded to the victim. The actual value of the case is determined by the insurance agent handling it; he will consider certain factors like who was responsible, how much of an impact did the injuries have, how much did the incident change the daily life and career path or job responsibilities of the victim, and more. Individuals who were not responsible for the incidents and who were seriously hurt are often given the largest settlements.
Learn more about your options for compensation by calling (855) 339-8879.
If you were hurt at a resort pool, you could potentially win the following damages:
- Medical bills and expenses from the past and future for hospital stays, surgery, medication, physical rehabilitation, and more
- Property damage if your personal items and belongings were broken, lost, or otherwise harmed in the incident
- Missed wages from the past and future if you were unable to go back to work because of recovery time, injuries, or medical treatments
- Pain and suffering damages to cover PTSD, anxiety, fear, emotional distress, psychological trauma, and more
In some scenarios, you could win punitive damages. These are handed out in times of gross negligence or when the party intended to cause harm. They are simply additional and extra forms of monetary compensation, but they are difficult to win due to being viewed as unnecessary or harsh. Only a skilled lawyer with experience in resort pool accident cases will be able to win them.
Additionally, if a loved one or family member died in an accident at a resort pool, you could pursue wrongful death damages. These are expenses that cover the costs of the funeral and burial, loss of consortium and relations, loss of expected income and inheritance, pre-death medical bills and pain and suffering, and more.
How long is the statute of limitations to file a lawsuit against a resort for a pool accident?
The statute of limitations is the time limit during which you can legally sue the correct party for injuries and damages. If you do not file a claim within that period, you will be barred from doing so. California’s statute of limitations on personal injury claims is 2 years from the date of the injury.
There is a statute of limitations on lawsuits so that the plaintiff does not wait until the golden opportunity to sue and so that both parties can acquire evidence to defend themselves. You should still act sooner rather than later, though; waiting too long to sue can damage your evidence and proof. Eyewitnesses may also forget key details if they don’t provide their perspectives until years later.
Learn more about your legal options: call (855) 339-8879 to speak with a representative now.
There are a few ways that the statute of limitations can be circumvented or extended. These exceptions are granted by judges, and if you do not know if you are eligible for any, we can help you. If you were underage at the time of the incident, the statute will not begin until you turn legal age at 18 years old. You will also not have to worry about the statute if you were left incapacitated; it will begin when you return to normalcy. Further, the defendant must be present in California if you wish to sue him, and if he vacates the state, the statute will not be in effect until he returns.
It is important that you file a claim quickly. Many individuals fail to file any lawsuits at all against the resort if they were hurt in a pool accident, most often because they are unaware of the time limit. We will submit your claim on time and ensure that you miss no important deadlines.
Our Firm and You
The Downtown LA Law Group
is one of the most experienced firms in the state. We have won millions of dollars for our clients and we know the best methods for success when it comes to pool accidents
. We have sued various resorts and we will always fight for the rights of our clients. Our lawyers are aggressive and will not hesitate to go to court to win your claim for you.
If you wish to schedule a free legal consultation, you can reach out to our firm today. We will walk you through the process and answer your questions about the law and the value of your case. We will also tell you more about our zero fee guarantee. This says that we won’t get paid unless and until we win, and if we lose, we take nothing. The insurance agency will pay for your legal fees.
Our resort pool accident lawyers
at the Downtown LA Law Group
can help you receive ample compensation. Call us today at (855) 339-8879