Hotel Pool Accidents

Swimming pool accidents are a common type of tragedy around the U.S. Unintentional drowning is the fifth leading cause of injury-related death in the country, responsible for an average of 10 deaths per day. Children and males are most at risk of swimming pool drowning incidents. If a hotel offers a swimming pool on its premises, it has a legal duty to ensure the reasonable safety of the pool before welcoming guests. Unfortunately, many hotels fail to fulfill this duty, leading to preventable tragedies.

Hotel guests have the right to assume property swimming pools, spas and hot tubs are reasonably safe. Hotels should take the steps necessary to ensure the safety of its pools, such as inspecting them for issues, making swift repairs, hiring lifeguards, training staff members and posting warning signs. When a hotel fails to fulfill the expectation of reasonable safety and guests suffer serious injuries as a result, the hotel could be liable for damages.

A pool accident at a hotel in Texas has the potential to cause serious, life-changing injuries to a victim. Pool accident injuries can include broken bones, spinal cord fractures, lacerations, traumatic brain injuries, brain damage from lack of oxygen, muscle strains, evisceration and wrongful death. If a hotel guest suffers a serious injury due to a swimming pool or related premises defect, the hotel may have to pay for that guest’s damages.

Swimming pool accidents fall under the legal doctrine of premises liability. Premises liability law states that the owner of a premises, the property owner, will be legally responsible for adequately maintaining and safely controlling the property. It is a landowner’s duty to exercise due care to prevent harm to invited guests (invitees) and licensees. If a hotel breaches this duty and a guest gets hurt, that guest may have grounds for a lawsuit against the hotel.

The hotel corporation overseeing the building where the pool accident occurred could be liable for an accident if it reasonably should have done more to prevent it from happening. If the hotel failed to install adequate barriers to keep wandering children out of the pool area, for instance, the hotel could be liable for damages. The hotel could also be vicariously liable for the actions of its staff. If hotel staff members were negligent in cleaning, maintaining, inspecting or repairing the pool, for example, the hotel will be liable.

Another potentially liable party for a hotel pool accident is the manufacturer of the pool or one of its components. If a faulty or defective part, such as a pool drain cover or pool lights, caused the injuries in question, the manufacturer of the item may be liable instead of or in addition to the hotel. A manufacturer may be strictly liable for a defective swimming pool product that causes injuries, meaning liable for damages even without proof of negligence.

Victims of hotel pool accidents in Texas have two years from the dates of their incidents to file claims to damages, in most cases. A victim could potentially recover compensation for his or her damages, including medical bills and pain and suffering, by proving that the hotel breached its duty of care to keep the pool reasonably safe for hotel guests or that the manufacturer created a defective product. A personal injury lawyer can help with these types of injury claims.

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