Can I Sue if I Am Injured at a Hotel Pool Party?
February 25, 2019
If you suffer injuries during a hotel pool party, the hotel is not automatically liable for the incident. Depending on the exact circumstances of a pool party-related injury at a hotel, liability could potentially fall to a different party or multiple parties. If the victim has any question as to whether the hotel shares liability for the incident, he or she should carefully analyze the circumstances leading up to his or her pool injury with a Las Vegas swimming pool accident attorney.
Proving Hotel Negligence at a Pool Party
If an injured partygoer believes a hotel is responsible for his or her pool injury, it is vital to ascertain whether the hotel followed all applicable state laws concerning the construction, maintenance, and supervision of the pool. Several factors could potentially lead to liability for a hotel pool injury falling to the hotel.
- Hotel staff failed to properly maintain the pool or allowed a safety hazard to persist in or near the pool.
- The walking surfaces around the pool were unreasonably wet or slippery.
- There were structural defects in the pool, the surrounding deck, or ingress/egress structures like pool ladders or stairs.
- Hotel staff did not use appropriate cleaning agents or used an inappropriate mixture of pool cleaners when cleaning the pool.
- The hotel did not provide a lifeguard or professional supervision as required by state law.
If any of these issues came into play in a hotel pool party-related incident, the victim would likely have grounds to file a lawsuit against the hotel. However, it is possible for liability to fall to an additional party or another party altogether depending on specific elements of the incident. For example, if another partygoer pushed you into the shallow end of the pool as a prank and you suffered a traumatic brain injury, liability would likely fall to that partygoer and not the hotel.
Duty of Care for Hotels and Guests
All personal injury claims revolve around the concept of duty of care, or an individual’s duty to act with reasonable care in a given situation. Hotels have a duty of care to furnish their guests with a safe environment, and this includes swimming pools. Their duty of care extends to the proper maintenance of their pools and upholding safety regulations to minimize the chances of injuries to guests. Since hotel owners are property owners that invite guests to stay on their premises as paid guests, hotel guests count as invitees under premises liability laws and hotels owe them the same degree of courtesy as any other property owner would.
Hotel guests also have a duty of care to others just as they would in any other capacity in daily life. If a group of hotel guests are partying in the hotel pool, they have an obligation to act like reasonable, rational adults and do their best to prevent injuries to others. Unfortunately, alcohol often plays a part in many hotel parties, and this likelihood is exponentially higher in a party town like Las Vegas. Alcohol consumption can impair judgment, lower inhibitions, and make some individuals more likely to engage in risky behaviors.
Are Hotels Required to Have Lifeguards?
Nevada laws require some swimming pools to have lifeguards if they meet certain size criteria, and local ordinances may require lifeguards as well. However, all pools must clearly mark the rules for swimmers and notify them whether a lifeguard is on duty or not. Additionally, signage around the pool should indicate that children should never swim unattended and provide other relevant information to swimmers, such as appropriate diving areas, eating and drinking restrictions, and available times for swimming.
If you recently suffered injuries at a Las Vegas hotel pool party, it is important to contact a Las Vegas hotel injury attorney to start determining your available legal options. A pool injury can result in hospital bills, lost income, pain and suffering, and other damages, and hiring an attorney offers the best chances of recovery. You can call Cogburn Law 24/7 at (702) 748-7777 to speak to one of our esteemed injury lawyers.
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I was attending one of the major pool parties during the opening months when I had an accident in their swimming pool. I was using the railing to help get out of the pool but it was loose and wobbly. Because of this, my arm slipped, causing me to fall chin first on against the lip of the pool. It busted my chin open and loosen 3 teeth. The security came to help me out as there was a lot of blood everywhere. They closed the pool for the afternoon but the hotel tried to get me to sign something. I Googled a lawyer straight away and Cogburn came up. One phone call with them and I felt assured I was in safe hands. It took 7 months but my case got settled and my large dentist bills were looked after. I’m so happy I called them.