Hotel Drowning Attorneys
CALL (800) 863-5312 TO SPEAK WITH A HOTEL DROWNING ATTORNEY FOR FREE HANDLING CASES NATIONWIDE
After a long day of business or travel, a hotel pool may seem like the perfect location to unwind and relax. However, a pool can quickly become the location of a serious injury or accidental drowning. Loved ones may be left devastated and wondering how to deal with an unexpected financial and personal loss.
The hotel drowning attorneys at Zinda Law Group have experience representing drowning victims and getting families the compensation they deserve. Call us today at (800) 863-5312 for a free consultation with an experienced hotel drowning accident lawyer.
Common Causes of Hotel Drownings
Unfortunately, serious water injuries and drownings are all too common. In the US, about ten people die every day in an accidental drowning. Hotel drownings can happen for several reasons, which could include:
- Lack of lifeguards or supervision
- Inability to swim
- Alcohol consumption
- Slippery tiles
- Broken steps
- Defective pool ladders
- Defective drains
- Broken diving boards
- No pool gate, fence, or barrier
- Lack of signage
- Negligent maintenance
Hotel Drowning Statistics
Drowning is the leading cause of unintentional death for children ages one to four. On average, 356 children under 14 drown in pools and spas every year. Drowning is the second leading cause of death for children. This means that for every child who dies as a result of drowning, another five receive emergency department care for nonfatal submersion injuries.
Even in cases where drowning is nonfatal, it can still leave victims with severe brain damage that may result in long-term disabilities such as memory problems, learning disabilities, or a permanent loss of basic function.
What Can an Experienced Drowning Accident Attorney Do for Me?
After a tragic accident, you shouldn’t have to worry about filing a legal claim. Hotel pool owners will frequently defend themselves and try to avoid any liability for pool accidents and drownings. It may be intimidating and confusing to face the legal challenges of bringing a claim against a hotel and its legal team all on your own. However, an experienced drowning accident attorney may be able to help you gather evidence, timely file your claim, and pursue the compensation you deserve.
Who May Be Held Liable For a Hotel Drowning Accident?
In general, a serious injury or wrongful death drowning on a hotel property deals with premises liability law. The term “premise liability” refers to certain duties that landowners need to follow to maintain their property and keep it safe for visitors. These laws will differ depending on your state, but they are usually based on the relationship between the property owner and the visitor. The highest level of duties attaches when guests are invited onto the property for a business purpose.
For hotels, this means that their property, including the pool area, needs to be kept reasonably safe and visitors must be notified of any dangerous conditions. In the pool area, this could include ensuring that broken equipment is fixed or removed, posting proper signage about the depth of the water, and inspecting drains and other pool parts to check that they are safe and in working order. Hotels may also have additional safety requirements depending on state law.
If a hotel discovers any unsafe pool conditions, then the business either needs to make repairs or put up a warning sign altering guests to the potential danger. Hotels that fail to repair dangerous pool conditions and fail to warn guests could be held liable for a guest’s injuries that result from these conditions.
In general, hotels don’t owe trespassers any duty of care. The exception to this rule is if the trespasser is a child, in which case the property owner must exercise reasonable care to avoid a foreseeable risk of harm to children caused by an artificial condition, like a pool. Hotel pool owners could be liable for a child’s injuries or death, even if the child did not have permission to be on the property, as long as the hotel failed to take reasonable steps to protect children from being injured. This could include ensuring that the pool is gated and locked, and that children are unable to access the pool while it is closed—all of which can help prevent a serious accident or drowning.
What Compensation Can I Seek After A Drowning Accident?
After a hotel drowning accident, you may be able to seek compensation from the business as part of a negligence or wrongful death claim. An experienced hotel drowning attorney may be able to seek compensation for:
If you or a loved one received medical care for a drowning or near-drowning, then you may be able to receive compensation for an emergency room visit, hospital costs, and medical treatment.
Surviving a near-drowning experience can be extremely traumatic and leave you with physical and emotional pain. You may be able to recover expenses for physical therapy, chiropractor treatment, or mental health counseling. Similarly, if you witnessed the drowning of a loved one, you may be able to recover money spent on mental health counseling.
Loss of Expected Income
The sudden death of a partner or loved one can suddenly take away all or a portion of an expected income. An experienced hotel drowning lawyer may help ensure that you receive the income you planned and expected to rely on.
Pain and Suffering
There’s no amount of money that will bring your loved one back. However, you may still be compensated for the fear, grief, insomnia, worry, inconvenience, and devastation that an accidental drowning caused.
Loss of Relationship or Consortium
A loss of consortium claim is usually brought by a spouse or family member who died as the result of the hotel’s negligent or intentional action. This claim is brought based on the idea that the person who was seriously injured or killed can no longer provide a spouse or family member with the same level of love, affection, companionship, comfort, or personal relations that they could before the accident. Depending on your state, there may be requirements as to how closely related you need to be to the victim to recover money for this type of claim.
How To Prevent Hotel Pool Drownings
Although accidents may never be able to be entirely avoided, there are several factors that hotels and guests can take to reduce the risk of drowning. These include:
Remove & Repair Broken Pool Equipment
Hotel staff should be sure to repair or remove any broken pool equipment. This could include safety ladders, diving boards, or drainage systems.
Check Chemical Levels
An imbalance of chemical levels in hotel pools can increase the chances of disease, burns, and breathing issues. If a swimmer is already struggling to catch their breath, an imbalance in chemicals could compound breathing problems by causing shortness of breath, coughing, or burning in the lungs.
Create Pool Barriers
Pool fences and gates help prevent young children from entering a pool area without a supervisor. The safest pools have fences on all four sides, at least four feet high, and have a self-closing latch. Indoor hotel pools can also achieve protective barriers by ensuring that guests can only enter the pool through a locked door.
Provide Emergency Rescue Equipment
A hotel should keep emergency rescue equipment near a pool to use in case someone begins to drown. This could include a life ring with a rope, a reaching pole, or a shepherd’s crook.
Children should always be supervised near and in any body of water. Hotels frequently do not employ lifeguards. It only takes a second for a child to slip underwater and begin to drown. For children under five or weak swimmers, the American Academy of Pediatrics recommends that parents be within an arm’s length of their children when they are swimming.
Obey Posted Safety Warnings
Depending on state-specific laws, hotels have varying levels of warnings and safety requirements that need to be posted. Always read and pay attention to posted safety warnings. If an area is marked as a “no-diving” zone, be sure to enter the water feet-first.
Know Your Swimming Ability
According to the Red Cross, about 50% of Americans can’t swim or perform basic swim safety skills, which increases the chances of drowning. The easiest way to reduce the chances of drowning is to sign up for swimming lessons.
Avoid Alcohol Consumption
Alcohol influences balance, coordination, and judgment, and increases your chances of a water-related injury. Alcohol use is involved in about 25% of emergency room visits for drowning.
CONTACT ZINDA LAW GROUP TODAY
At Zinda Law Group, our hotel drowning attorneys have a wealth of knowledge and experience in drowning cases. If you or a loved one was the victim of a hotel drowning accident, then you may be entitled to compensation for medical bills, pain and suffering, lost wages, and much more.
We believe a victim and their family should never have to worry about being able to afford legal representation. That is why we offer 100% free consultations, and why you pay nothing unless we win your case.
Meetings with attorneys by appointment only.