When Can Motel & Hotel Pool Owners Be Liable for Drowning Accidents?

As summer vacation approaches for those with kids, many of us will be traveling and staying in motels or hotels. Many of these motels and hotels have swimming pools or hot tubs as an attraction for people to to stay there. Water-based activities can be fun and relaxing, but the unfortunate reality is that any recreation that involves getting in the water also involves the risk of drowning. According to statistics published by the Centers for Disease Control and Prevention, about 10 people die every day in the United States from accidental drowning; in addition, 2 of these ten are children 14 or under.

When a person drowns in a hotel or motel pool, their family may be able to recover through a wrongful death lawsuit. In addition, you may be able to recover for any injuries sustained in a near-drowning incident as well. Near-drowning accidents can cause serious injury and may require hospitalization and long-term and intensive medical care and supervision.

In order to determine whether you have a claim, you should have the circumstances of your case reviewed by an experienced Indianapolis personal injury attorney. Damages in an Indiana wrongful death action could include loss of income, hospital expenses, burial expenses, and loss of love and companionship or parental guidance.

When is a Hotel Liable for Drowning Accidents?

The Indiana wrongful death statute allows the survivors of a decedent to bring an action if a defendant’s wrongful act or omission caused the decedent’s death. According to our Milwaukee personal injury lawyer, a wrongful act or omission may be an intentional act or may result from a person or party’s negligence. There are innumerable situations where a hotel or motel could potentially be liable for drowning or near-drowning accidents that occur in their pools or hot tubs. Some of these situations include:

• Leaving a gate unlocked allowing for access by young children
• Poorly maintained pool facilities
• Not implementing signs indicating that a lifeguard is not on duty
• The area is not fenced
• The pool does not have appropriate depth markers
• Lifeguards that were inattentive or negligent to swimmers in distress
• Slippery pool surfaces

The above scenarios are only a few of the situations that may give rise to legal action against a hotel or motel.

If you or a loved one has been involved in a drowning or near-drowning accident at a hotel or motel, you may be entitled to substantial compensation. It is important to document as much information as you can about the incident, and if possible, take pictures of the hotel or motel’s facilities immediately after the accident. Also, be sure to report any obvious safety violations to the appropriate state or local authorities. There may be parties other than the hotel or motel who may be liable, as a hotel or motel may contract with an outside company for pool maintenance services. Because of the complicated issues that arise in hotel and motel pool injury claims, you should be sure to retain a Hammond personal injury lawyer and Hammond, IN Wrongful Death attorney that has experience handling these kinds of matters. Also be sure to read our tips on swimming pool safety.