Can I Sue a Hotel in Florida for a Pool Accident?
It’s that time of year when people take their families on vacation to sunny Florida. It’s a great place to go. There are plenty of things for the kids to do. There's also a ton of stuff adults will love too. You book your trip, schedule your flights and pack your bags.
One of the first things the kids want to do when they get to the hotel is check out the pool. Most kids don’t get the chance to swim if they live in the city. So it’s a real treat to go swimming in an in-ground pool. Florida hotels have some of the best swimming pools in the country.
The last thing you think about when you go on vacation is one of your kids getting hurt. You especially don’t think this could happen in the hotel pool. You assume there are lifeguards on duty. You also figure the worst that could happen is your child gets water logged and doesn’t get to dinner on time.
So, what happens when your worst fears are confirmed? If your child drowns or gets injured in a pool accident?
Are Hotels Liable for Injuries at Their Pool?
Hotels are responsible for providing safe premises to their guests. This includes the pool area. They are required to make sure the pool area is clean and safe. They also have to make sure they have trained lifeguards on staff if their pool is open to the public.
The question is, are hotels liable if they post notices that there is no lifeguard on duty? This is a tricky one. A lot of hotels, especially smaller motels, place signs up that state there is no lifeguard on duty. They think this works as a disclaimer for any injuries that may take place. The problem is, sometimes, this is not enough to get them off the hook.
If all a hotel had to do was post a warning sign about no lifeguards, they’d never be liable for pool accidents. Legally, while this sign may have some impact, it doesn’t totally relieve the hotel from responsibility.
Pool Injury Lawsuits are Based on Negligence
In order to recover from a hotel for a pool accident, you’ll have to prove negligence. In order to do this, you will have to show the following:
- The hotel had a duty to protect their guests
- They breached this duty
- Your child was injured
- Their injuries were caused by the pool accident
It’s understood that a hotel or motel has a duty to keep their guests safe. It should also be pretty easy to prove your child was injured. More than likely, it will also be obvious that their injuries were caused by the pool accident. It really comes down to whether or not you can prove the defendant breached their duty of care.
There are some common scenarios that come up in pool accidents. These are the things that can help a jury find a hotel responsible for your pool injuries:
- The pool had no posted hours of operation
- There were no markings showing how deep the pool was
- There were unsafe chemicals in the water
- There was no ladder to get out of the pool or the ladder was broken
- The diving board was broken or was in waters too shallow for diving
- There was no lifeguard on duty
- The lifeguard wasn’t trained properly
- The lifeguard wasn’t paying attention to the people in the pool
- The lifeguards did not handle a rescue effort properly
If any of these things are the cause of your child’s pool injuries, you should have a claim for damages. Your injury attorney in Fort Walton Beach can help get you the compensation you deserve.
Contact a Fort Walton Beach Personal Injury Lawyer Today
If your child is hurt in a pool accident, you’re going to need help. You need to contact a Fort Walton Beach, Florida personal injury attorney right away. He can help take care of the legal things while you focus on getting your child well.
Call today and schedule your initial consultation. You can sit down with an experienced personal injury lawyer. He can answer any questions you may have. He can also review your case and let you know what it may be worth.
The consultation is FREE and you pay nothing until you settle your case.