Texas Resort Hotel Pool Drownings
Hilliard Muñoz Gonzales L.L.P. have extensive knowledge in swimming pool, hot tub, and whirlpool accidents occurring at resorts and hotels throughout the United States. Our team has years of experience handling water accident cases. Because laws are so varied and complicated from state to state, it is always important to contact an experienced and qualified legal team to handle your aquatic litigation case.
The pool is an attraction that is both a luxury and a hazard if not maintained correctly. Yearly, more than 1,000 children die and thousands more are hospitalized due to swimming pool accidents. Drowning is one of the leading causes of death in children under the age of 14. When a child dies because of an improperly maintained pool or because of the negligence of hotel or resort employees, an experienced aquatic litigation attorney can help you seek justice for your loss.
Guests of hotels and resorts are owed the utmost duty of care by hotel and resort staff. Guests are considered “invitees” under premises liability law, which means that they have been invited on to the property for business purposes. Property owners owe invitees the highest duty of care to prevent injuries from occurring while on the property. This duty mandates that the hotel or resort inspect the property on a regular basis in order to detect, repair, and warn guests of unsafe conditions that may cause them harm while on the premises.
Often, hotel and resort owners believe that posting a sign warning of the danger is enough to avoid liability if guests sustain injuries while using the pool. This is not always the case, however. Owners cannot rely on signs alone in order to escape liability. If too many signs are posted on the premises, a court may find that “sign pollution” diluted the sign's intended message of danger to guests.
State and Federal laws exist to regulate commercial pools that are open to the public. If hotels and resorts fail to comply with these laws, it is considered negligence per se in most states. Under the doctrine of negligence per se, violation of a law automatically gives rise to a presumption of negligence. That means that injury victims only have to prove that the hotel or resort violated the law in order to be entitled to compensation for their injuries.
Resorts and hotels often install security cameras to take video footage of the pool area. If you have been injured in a swimming pool accident in a hotel or resort pool, you should hire a legal team as soon as possible to preserve all video recordings of the incident. The experienced swimming pool accident attorneys at Hilliard Muñoz Gonzales L.L.P. can formally request that the video footage not be destroyed by seeking a temporary restraining order against the hotel or resort. Taking immediate action to preserve all evidence will help to enhance the success of your case.
Recoverable damages associated with swimming pool accidents and injuries may be able to compensate the victim for medical expenses, trauma, pain and suffering, mental distress, wrongful death, financial losses and more. A swimming pool accident lawsuit can also ensure that other people, adults and children alike, do not become victims as well.
