Resort Pool Accident & Drowning Attorneys
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Resorts are meant to be relaxing getaways, with various amenities and activities to help us unwind, and many often feature one or more pools to attract guests of all ages. While resort pools can offer an enjoyable way to relax, they can also be dangerous if the resort fails to properly run and maintain them, or if the resort fails to provide lifeguards and adequate supervision, especially when children are present. Resorts, like any other business, have an obligation to ensure their premises are safe for the guests, and that any dangers or hazards are taken care of.
If you have been injured due to a pool accident at a resort, you should call Zinda Law Group at (800) 863-5312 today to speak for free with an experienced resort accident attorney near you. If we are not able to win your case, you will not owe us anything.
RESORT POOL ACCIDENTS
The pools resorts offer for their guests to use may range from standard swimming pools, perfect for swimming and diving, to smaller pools designed primarily for offering a scenic view. Regardless of the size, resorts have an obligation to ensure that all of their pools are free of dangers or hazards that could cause an accident. In addition, resorts must generally provide adequate warning of inherently hazardous situations that may exist in or around the pool area; the expectation applies to situations the resort should have been aware of as well.
Pools should generally have proper fencing to prevent guests from accidently wandering into or falling into the pool. The ground around the pool should also be free from any debris or litter and the resort owner must use a flooring that provides adequate grip in order to prevent guests from slipping and falling into the pool. Resorts should regularly inspect any tiles or walkways for any cracks or damage that could create a tripping hazard.
Pool drains and filtering systems that are regularly maintained are far less likely to pose an entrapment hazard to guests. On those occasions when a pool is not suitable for diving for whatever reason, such as the depth of the pool is too shallow for diving, adequate signage must be posted to warn swimmers against diving. Finally, resorts must also ensure the correct chemicals are being used in the proper amount to treat the pools, as excess amounts may cause chemical imbalances that are dangerous to guests, potentially causing breathing issues, skin injuries, or eye injuries.
Pools can be especially dangerous for children; the Consumer Product Safety Commission (CPSC) estimates that over 6,700 children per year, under the age of 15, suffered serious pool-related injuries that required hospital treatment. The CPSC also reports that between 2015 and 2017, there were 379 deaths related to pool accidents and drownings. As a result, any resort that allows children guests to stay or otherwise be present on the property during the day must take special care to make sure that any such children are not allowed to enter pool areas without proper supervision, such as by installing fencing to keep children from wandering into the pool area.
ARE RESORTS LIABLE FOR ACCIDENTS OR DROWNINGS IN POOLS?
In most states, the resort has a legal obligation to ensure the premises are free of dangerous hazards. Depending on the nature of the accident, the resort, an employee, pool manufacturer, or pool chemical manufacturer may be liable, and in many cases, multiple parties may actually be liable. In some cases, another guest at the resort may be liable if they behaved in a negligent manner and caused the accident to occur.
If the resort actually caused the hazardous situation itself or failed to provide adequate protection from hazards that may exist in and around pools, they may be liable. This can include failing to provide proper fencing or railing, failing to properly maintain ladders or steps, lack of warning of existing hazards, failing to keep the pool adequately cleaned, and failing to adequately maintain the pool. The resort may also be liable if an employee caused the accident; finally, the resort could be liable if it fails to provide a lifeguard.
If an employee of the resort caused the accident, they may be liable. An employee may cause an accident by failing to properly perform their duties, such as improperly installing or maintaining pool equipment, or failing to discover or address a hazard. An employee may also be liable if the accident was caused by a failure to properly use chemicals that are commonly used to treat pools.
Importantly, the resort may be liable in addition to the negligent employee so long as the employee was acting within the scope of their employment at the time of the accident. Fortunately, your personal injury lawyer will be able to determine whether the employee involved in the accident that caused your injury meets this requirement. This circumstance may be easier for your pool accident and drowning lawyer to prove than in other cases where accidents are caused by an employee, such as a car accident cause by an employee who was not authorized to be driving or was not authorized to leave work at all.
Pool or Equipment Manufacturer
If the accident was caused by a manufacturing defect in the pool or in the chemicals used to treat the pool, the manufacturer may be liable. These kinds of accidents can include pool ladders or steps that fail due to manufacturing or design defects, drainage or cleaning systems that do not operate within stated parameters, or chemicals that may be contaminated or are a different concentration than labeled. If after conducting a thorough investigation your lawyer determines that your accident was caused by defective products, the distributor or retailer who sold the product to the resort may also be liable for the accident.
With all of these potential factors impacting the elements of your particular case, determining liability after a pool accident at a resort can be a complex process, especially given the reluctance with which the resort may cooperate with your attorney. Zinda Law firm attorneys are as familiar with these kinds of communication obstacles as they are with conducting difficult investigations of scenes of similar accidents, especially those that have been under the control of a resort that does not fully cooperate.
Despite setbacks, an experienced resort accident attorney will be able to examine the evidence surrounding your accident and help you determine who may be liable in your case. By hiring a skilled injury lawyer, you are obtaining the expertise of someone who is able to conduct a thorough investigation and gather necessary evidence despite any reluctance by the resort to cooperate. After determining whether the resort or any other parties may be liable for the accident and your resulting injuries, your personal injury lawyer may then help you pursue the maximum compensation you may be entitled to for your injuries.
WHAT TO DO AFTER AN ACCIDENT AT A RESORT POOL
If you have been injured as a result of a pool accident at a resort, you should follow the necessary steps to treat any injuries, to prevent further harm while also aiding in your ability to pursue maximum compensation. These steps include:
1. Seek immediate medical attention.
2. Gather as much evidence as possible, including witness contact information, names of any present employees, photographs of the scene of the accident and your injuries, and medical records.
3. Contact an experienced resort accident lawyer near you.
What If I Signed a Waiver?
Resorts may require you to sign a waiver, acknowledging the risks you assume if you choose to partake in the services provided, including use of the pool. However, these waivers do not completely allow the resort to avoid meeting its legal obligation to ensure the safety of guests. In most cases, these waivers only release the resort or its employees from liability in case you are injured through normal use of the facilities on the premises.
This generally means that your injury was not caused by negligent behavior on the part of either the resort or its employees; rather, an inherent risk may have contributed to the cause of your injuries. For example, if you have a heart condition and overexert yourself in a pool, causing an injury to yourself, the waiver may prevent you or your family from pursuing a claim against the resort. However, the resort must still ensure that the premises are well-maintained and free of hazardous conditions that could cause an accident.
In some cases, the waiver may be thrown out altogether by a court if the victim was not of a sound mind when they signed it, such as being in an inebriated state. The waiver may also be dismissed if the text is not clear and understandable. Many waivers have complex legal terminology included in small subtext that may not be immediately understandable.
Finally, if the person signing the waiver is unable to fully appreciate the nature of the document, it may not be valid. So, if you signed a waiver and were injured in a pool accident at a resort and you think one of these circumstances can be applied to your case, call the law firm of Zinda Law. A personal injury attorney will be able to help you understand the limits the waiver may or may not place on your ability to file a claim.
CONTACT A RESORT ACCIDENT ATTORNEY NEAR YOU TODAY
In most cases, you or a loved one would need a lawyer if you got hurt at a resort. You should contact the skilled team at Zinda Law Group as soon as possible to more quickly understand your legal options; the sooner you call, the sooner we can help you pursue the maximum compensation you may be entitled to.
Resort pool accidents can be quite complex, especially given the potential effect of any waivers on your claim, and the difficulty of investigating accidents. Further, resorts typically have experienced legal representation of their own in addition to their insurance company. This defensive wall often makes it very difficult for victims to successfully pursue compensation from a resort, but your attorney from Zinda Law Group can help level this playing field.