Hotel and Resort Swimming Pool Liability
How Can I Prove That the Hotel or Resort Was Negligent?
Were you recently staying at a hotel, motel, or resort when you went through a sudden pool accident? Guests often wonder who would be liable should they need to file a personal injury claim. Most times, it is the hotel or resort's responsibility if an accident occurs on their premises. But determining fault can be quite tricky as these cases are so complex.
It is important that the plaintiff or injured party contact a swimming pool injury lawyer in LA to help prove negligence. Lawyers who specialize in this type of practice know what it takes to ensure that the negligent party is held responsible. It is the hotel's legal obligation to provide a duty of care and if they somehow breach this responsibility, they can be held liable for sudden injuries – even death.
What Are the Duties of Care?
A Los Angeles swimming pool accident injury lawyer will tell you that hotels, motels, and resorts all have a duty of care that they need to exercise to maintain safe premises for guests. Under the premises liability law, all guests are considered "invitees," meaning they are protected if they experience known or discoverable unsafe conditions on the premises.
For example, here are some common hotel and resort duties:
- Maintain sufficient lighting in access areas
- Repair any defects that are unsafe and exposed
- Control insect infestations, such as bed bugs
- Provide proper security to avoid crimes
- Provide proper training for pool staff
- Maintain all stairs and elevators
- Maintain locks to all hotel rooms
Can a Hotel Be Held Liable for Lack of Lifeguards?
Suppose a hotel fails to provide lifeguards with proper training or does not provide one at all. In that case, the hotel or resort can be held liable for not providing a lifeguard with adequate supervision or lack thereof.
Common Hotel Injuries
Below are some of the most common hotel injuries that guests may sustain.
Swimming Pools: A swimming pool premises may have been designed poorly, failed to warn guests of hazards, or was not provided with sufficient supervision.
Broken Furniture: The furniture may have been broken or was poorly made and resulted in an injury to the hotel guest.
Slip and Fall: A hotel guest may have been injured due to a slippery floor, cracked floor, exposed wires or bunched carpet, which resulted in an injury that the hotel may have already been aware of or should have been aware of.
Bed Bugs: The hotel beds, mattresses, or pillows may have been infested with bugs due to the hotel's lack of sanitary maintenance.
Criminal Misconduct: If crime or theft occurred on the premises, the hotel has a duty to prevent it or should have been aware of it.
Food Poisoning: The food at the hotel may have been unsanitary, which then may have caused food poisoning.
Is the Hotel Liable if Criminal Acts Were Done by Other Guests?
The hotel cannot be held liable if third parties did criminal acts unless the hotel was aware or should have anticipated the crime. Unless the criminal acts were made by employees of the hotel, then the hotel cannot be held liable.
Is the Hotel Liable for Guests' Personal Belongings?
When it comes to this issue, the hotel's liability is limited. For example, a hotel cannot be held liable for theft of guests' items within rooms unless they can prove that the hotel was negligent in providing a safe place or the lock on the room somehow failed. Hotel management may also be held liable if:
- The hotel's employee was the person that took the guest's valuables
- If the guest left their luggage with the front desk or an employee, and it was stolen
Contact a Los Angeles Swimming Pool Attorney
If you or someone was injured in a swimming pool accident at a hotel, motel, or resort, then you should contact a Los Angeles swimming accident lawyer as soon as possible. Additionally, if you were injured in other ways like the examples mentioned above, you should seek help from a personal injury lawyer in Los Angeles. We will help you every step of the way.