Each year, countless travelers book vacations and travel far from home, hoping to get away from the stresses of regular life. But the dangers posed by swimming pools, and the high potential for young children to suffer a drowning accident in them, are not left at home when we go away on leisure trips.
In fact, lives are lost each year due to drownings in hotel pools. But who is liable for damages after a tragic hotel pool drowning? Can a pool drowning lawsuit be filed against the operator of the hotel? Our aquatic injury attorneys expand on this in the following article.
Swimming pools are one of the amenities that are quite universal across hotel chains. What's also seemingly universal is the lack of patron supervision by a trained lifeguard at these same swimming pools. It's no surprise, then, that each year unsuspecting hotel patrons fall victim to drowning in unguarded hotel pools.
Is this lack of supervision enough to establish the pool owner's responsibility for damages? Unfortunately, the resolution to a case is not this simple. There are many other factors, including numerous safety regulations, which must also be verified. Yet, if one failure took place, it's possible that others remain uncovered.
Understanding this, an experienced hotel drowning legal team would verify that the pool is "up to code" and that the required permits are valid. The goal should always be to build a sturdy legal claim; this entails gathering as much evidence as is necessary and viewing the case from all angles. Knowledge of related cases currently in litigation can also be helpful, as can having plentiful financial resources - all of which a drowning accident law firm can provide.
Premises liability laws establish the duty owed by the owner of a pool to guests who may use the pool, whether the guests are paying patrons or not. Much like the more well-known slip and fall case, a hotel pool drowning case also involves establishing some clear tenets of liability for the case to be successful.
The first of these is that the property owner must owe the victim a duty to not cause them harm. Second, it must be proven that this duty was broken. And lastly, the injuries should be a direct result of the breach of duty.
All drowning cases are different, so the specific circumstances surrounding your accident will have a significant impact on your legal strategy. For this reason, it's vital to speak with an experienced legal professional about your potential for compensation.
The risk of drowning in pools, whether they be right in our neighborhood or at a far-away hotel, is not only resoundingly clear but also researched and documented. We know how these incidents occur and yet they continue to transpire. Only by holding the negligent parties responsible can we be sure that others will not suffer the same undue consequences.
It's true that one can't turn back time and bring back the victims whose lives have been lost. Likewise, one can't undo the permanent trauma experienced by near-drowning victims who managed to survive. But it's possible for victims and their families to get justice and even just a small sense of relief.
A hotel pool drowning lawsuit can help provide victims and victim's families with compensation that considers all medical expenses, therapy, medication, pain & suffering, loss of consortium, and more. Such financial relief pales in comparison to the trauma of permanent loss, but it helps those affected by negligence to move ahead with dignity.
Are you unsure of whether you have a valid case? Contact our team today for a free legal consultation with an experienced drowning accident attorney. Get the answers you need at no cost to you.