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Legally Reviewed by:

Jonathan Rosenfeld
J.D

July 27, 2023

Over $400 Million worth of case results

Awarded The Best Lawyer in 2024 by U.S. News

Nationally Recognized in Legal Community

Swimming is one of the best ways to relax and have fun in a hotel. However, a hotel pool can be as dangerous as open water without proper safety precautions. 

Over 12,000 people drown in the US yearly, with an estimated 4,000 drowning accidents leading to death.

Swimming pools are among the most common sites for drowning, especially for children and teens, and hotel pools are no exception.

Did a loved one drown in a hotel swimming pool? Rosenfeld Injury Lawyers, LLC, can help you recover compensation if the hotel’s negligence caused the incident. 

Contact our drowning accident lawyers at (888) 424-5757 for a free consultation.

Hotel Pool Drowning

What Are the Most Common Causes of Hotel Pool Drownings?

Most hotels try to avoid drowning accidents by building shallow pools, employing lifeguards, and enforcing strict rules.

Nevertheless, unfortunate incidents still happen, mainly due to the following factors:

  • Missing or Ineffective Barriers: Hotel pools must be fenced to prevent young children from drowning in the water.
  • Lack of Lifeguards: Most states only require lifeguards for public pools. However, a hotel with a larger or deeper than average pool may require a lifeguard to ensure the safety of guests. 
  • Inadequate Anti-Entrapment Devices: Unsecured drains can suck and traps swimmers to the bottom of the pool and cause drowning.
  • Unsafe Pool Deck: Slippery tiles, debris, mold, and other hazards can cause guests to slip, trip, and fall into the pool. The risk of drowning is high among inexperienced swimmers and those who sustain a concussion before falling into the water.
  • Guest Negligence: Drowning accidents occur when patrons fail to supervise children, swim while inebriated, and ignore other rules and regulations. 

Common Drowning Injuries

Suffocating underwater can cause death from cardiopulmonary arrest in at least five minutes.

Moreover, people who survive a drowning may suffer complications due to oxygen deprivation or aspiration:

  • Hypoxic Brain Injury: Brain cells can sustain damage or die when deprived of oxygen for more than four minutes, potentially leading to permanent brain damage.
  • Pneumonia: When inhaled, bacteria and other organisms can multiply and cause lung infection.
  • Acute Respiratory Distress: Many drowning victims develop acute respiratory distress syndrome (ARDS) due to inhalation of water and oxygen deprivation. ARDS can lead to blood clots, lung scarring, infections, breathing problems, etc.

Additionally, victims may sustain other injuries from falling into the pool, such as concussions and broken bones.

Is a Hotel Liable for a Drowning Accident?

Most hotels post pool waivers that inform visitors that they use the pool at their own risk.

However, a waiver does not save a hotel from liability if negligence causes the incident. 

Premises liability occurs when a property owner or manager fails to remove potential hazards and keep visitors safe.

A hotel may be liable for drowning-related injuries and death if their actions or inaction significantly contributed to the accident. 

Common reasons for drowning accident claims include a hotel’s failure to:

  • Secure pools and lock gates during non-service hours
  • Keep the pool area free from potential hazards
  • Install effective anti-entrapment devices
  • Post warning signs
  • Enforce safety rules among swimmers
  • Employ a trained and certified lifeguard (if required by state law)
  • Respond to a drowning accident promptly

A premises liability lawyer will thoroughly investigate your case to determine if the hotel is liable for the incident. 

Injured victims can and should hold hotels accountable for failure to keep swimmers safe.

You could file a personal injury claim against a negligent hotel if:

  • The hotel owed a duty of care to you: A hotel must keep swimmers safe within reasonable expectations. Drowning accidents due to a guest’s carelessness, such as failing to supervise a child, are usually not under a hotel’s liability.
  • The hotel breached its duty of care: You must prove that the hotel or its staff acted negligently.
  • This breach injured you: You must show that the hotel’s actions directly led to or substantially influenced the accident.
  • The accident led to your losses: You must show that your injuries led to your economic and non-economic damages.

Filing a personal injury claim or lawsuit can help you obtain compensation for the following:

  • Medical expenses
  • Disability
  • Lost wages
  • Pain and suffering
  • Loss of quality of life

Settlement values for injury claims vary.

An experienced attorney can help determine how much you should receive in compensation and maximize it.

Our clients can learn more about injury settlements in our free consultations.

Wrongful Death Claim

You could file a wrongful death claim against the hotel if you have lost a family member in a swimming pool accident.

A wrongful death claim can help you recover financial compensation for funeral and burial costs, pre-death medical expenses, loss of consortium or companionship, and other damages. 

Who is Liable?

Most hotels have liability coverage that protects them from claims arising from drowning incidents.

Hence, you and your family will likely have to file a claim with the hotel’s insurance company. 

However, it is possible that your claim may not settle out of court.

In this case, your attorney can help you file a lawsuit to recover compensation.

Schedule a Free Consultation with an Experienced Texas Attorney Today

A hotel swimming pool can be hazardous without adequate safety precautions and equipment.

If a drowning occurs due to a dangerous condition in the pool area, the hotel may be liable for injured victims’ losses.

You deserve fair financial compensation in a personal injury claim if a hotel’s carelessness injured you or your family member.

Our premises liability lawyers at Rosenfeld Injury Lawyers, LLC, can help you hold the property owners liable and obtain the maximum compensation for your damages.

Contact an attorney from our law firm at (888) 424-5757 for a free consultation.

All confidential or sensitive information you share with our legal team will remain private under an attorney-client relationship. 

Our lawyers handle all accepted personal injury cases on a contingency fee basis. Our clients don’t have to pay our legal fees unless we recover compensation through a claim or lawsuit.

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Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

- Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

- Ethan Armstrong

Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan!

- Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

- Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

- Lisa
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