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


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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.

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***Every case is unique and your results will differ. Contact us for a free case review of your circumstance.

– Pat D.
"After being involved in a car accident, I was very fortunate to work with Don Wruck. He explained everything to me and my family and made me feel involved in all decisions. I was very happy with the result of my case and happy to have found this firm!"
– Kayla D.
"My case wasn’t very large, but they made it easy to recover damages when the insurance company didn’t even want to cover basic costs. The firm was responsive to my inquiries, and very clear about what was required and what could be expected, during every step of the process."
– Wayne M.
"From start to finish, Wruck Paupore PC Law were the best! Knowledgeable and straightforward, they explained the process, start to finish, and gave guidance while allowing us to determine the best course of action to take. We would highly recommend them and would certainly use them again."
– Chris V.
"We are so thankful with how the lawyers and staff handled our case. The folks at Wruck and Paupore were always pleasant and helpful in all their phone calls and letters. It was always a pleasure to get their calls. We were especially pleased with their tenacious pursuit of the goal of full recovery which was far greater than we could have imagined."
– Jay Zoellner
"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations! The staff at his firm was helpful, responsive and caring during a difficult time following a life-altering experience. I highly recommend Attorney Wruck and his firm."
– J B
"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi-truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations!"
– James M.
"Exceptional team. They took on my case and made sure that I was consulted on every issue. If it wasn’t for the caring staff and my legal team I don’t know what I would have done. Everyone did an awesome job thanks so much for your help."
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– Adriana
"Wruck Paupore was fantastic. I was informed every step of the way, they did all of the work, and I got my case settled."
– Idell J.
"It was awesome watching Donald Wruck at work during mediation. He really fights for his clients."
– Lisa L.
"Wruck Paupore did more than they promised and did all of the work. I was worried about bills and dealing with insurance people. They did everything while I recovered. They were not concerned about earning money but about helping me and my husband."
– Edithe P.
"Don did a great job on my case! Staff was amazing! Kept me in the loop the entire time. I highly recommend!!!!"
– Dana L.
"A great experience from beginning to settlement. Handled our case from start to finish. Explained every step and communicated very well."
– William H.

Your Legal Team

Your Legal Team

Top-Rated Litigator.
Helping injury victims move forward.

Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.

More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.

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Understanding the Insurance Company:
Getting Results.

In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.

Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.

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More than 40 Years of Experience.
Still Fighting for Justice.

For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.

Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.

Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.

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***Every case is unique and your results will differ. Contact us for a free case review of your circumstance.

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