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Hotel Pool Drowning & Accident Lawyer

hotel-resort-pool-accident-lawsuit Every year, hundreds of people die because of drowning accidents in hotel and motel swimming pools. In addition, thousands more suffer from hotel pool accidents that occur around the swimming areas caused by the negligent conduct of hotel employees and guests.

At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys are legal advocates for people injured by the negligent actions of business owners, managers, and others. We fight on behalf of our clients to ensure they receive maximum compensation for their damages.

Are you the victim of a pool accident, or did you lose a loved one to the wrongful death of others?

Call a Chicago drowning accident lawyer at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free consultation.

Hotel Swimming Pool DrowningAccident: A Serious Problem Involving Premises Liability

When you choose to stay at a hotel, you expect the swimming pool to be safe for your use. Unfortunately, many times this is not the case.

The problem with most hotels is that they are not properly maintaining their pools to ensure guest safety. Hotels have a responsibility always to keep their guests safe on the property.

In addition to this failure, many hotels do not report incidents or serious injuries caused by negligence or improper maintenance, leading to further injury for other guests later on down the road.

Data shows those negligent owners who fail to follow industry safety standards often poorly maintained swimming pools in hotels and motels. Many of these properties have been cited for numerous violations of state laws governing pool maintenance and guest safety procedures. As a result, it's estimated that more than 100 people die every year due to accidents involving hotel pools across the country.

When Drowning Accidents Occur at Motels and Hotels

According to the CDC (Centers for Disease Control and Prevention), the average number of unintentional fatal drownings of children has risen dramatically. In 2018, a total of 2,919 fatal drownings in the United States were reported in children under 14 years old.

Of these totals, only 0.7% occurred in hotel pools across America. However, even being aware of these statistics makes no difference in negligent acts that cause serious injury or death every day around hotels across the country.

The most common drowning incidents occur in swimming pools, followed by increasing fatalities attributed to home pools and hot tubs. In most cases involving hotel pool drownings, guests whose parents or other loved ones are supervising end up losing their lives in a split second because of the poor maintenance and safety of the pool.

Wading areas for young children are also a major problem, as many parents do not realize how quickly their child can slip through the shallow water and become trapped underneath. Any failure to warn guests could create a legal issue when the hotel liable for damages faces a legal lawsuit for damages.

What Can You Do to Prevent a Pool Accident?

Hotel owners have a responsibility to make sure that guests who go swimming are safe from harm. That means keeping the pool maintained properly, keeping children under constant supervision when in or around a swimming area, and posting adequate warning signs to show the danger to guests.

In addition to this, certain pools may require special equipment for use by guests, such as equalizing bars, handicap access ramps, and other safety features that can reduce the risk of slips, falls, diving accidents, and drownings.

A lifeguard is another important component of a hotel pool. They are trained to take control of a drowning incident immediately to help save the victim before it's too late. The CDC recommends that if there are no lifeguards on duty, the pool must be closed.

Filing a Premises Liability Lawsuit

If you were injured in an accident at a hotel swimming pool and feel that it was caused by negligence on the part of the owner or staff, then you may have grounds for filing a premises liability claim against them with your local civil court.

These "fault" cases can help to recover financial compensation that will cover the cost of your medical bills, lost wages, and other related fees. In addition, a premises liability claim may be able to provide additional funds for pain and suffering damages if it is proven that the property owner or staff was grossly negligent in their handling of the swimming pool and its surrounding areas.

Types of Swimming Pool Accidents Involving Premises Liability

Most hotel legal claims involve some premises liability on behalf of the owner or staff that causes harm to guests due to their actions or lack thereof. Some examples include:

  • Poorly maintained pools that lack warning signs or other safety equipment
  • Unsupervised children that slip into the pool unnoticed by their parents
  • Lack of proper pool maintenance that leads to slip and fall hotel pool accidents or drowning incidents
  • Guests who are injured due to being attacked by another hotel pool guest or person on the property

Common Swimming Accident Injuries

When people slip and fall on a community pool deck or have a near-drowning experience, they are entitled to certain protections. The company owner could be held civilly liable for any injuries that result from the accident. Some of these include:

If you were injured at a hotel pool, then you may be entitled to certain protections. The company owner could be held financially responsible for any accident-related injuries that result from the incident.

If you're looking for a personal injury attorney specializing in swimming pool accidents, call our premises liability attorneys today at (888) 424-5757. Your swimming pool accident lawyer can ensure that your case is successfully resolved to ensure your family receives the compensation they deserve.

What You Do to Make Your Case Stronger

If you were injured in a hotel swimming pool accident, you should contact the local authorities immediately. It will help to build your case against the owner by providing evidence of any related criminal acts that may have led up to your injuries, such as drug use near the pool area or other safety hazards.

It is also important to ensure that you have all the necessary paperwork regarding your medical treatment and any related fees incurred by your accident. This paperwork includes copies of prescriptions, bills for long-term care, hospital records, statements from witnesses who saw what happened, and more.

What to Expect After Filing a Premises Liability Suit

After you have filed your initial claim with the civil court, the defendant will most likely hire an attorney to handle their side of the case. It can lead to several rounds of legal paperwork being sent back and forth between the two parties during what is known as the discovery process.

In addition, as more details about the case are made available, a judge or jury will eventually be selected to oversee the proceedings and determine if the defendant is liable for any wrongdoing on behalf of your accident. If liability is determined, you can expect to receive a settlement offer from them regarding financial damages that would cover all damages.

A court date may be set for your case, but this will only happen if both parties can agree without the help of a judge or jury.

Do You Need a Personal Injury Lawyer for a Swimming Pool Accident?

If you have been injured in a hotel swimming pool accident, you should consider hiring one of our personal injury lawyers today. We specialize in helping individuals like you file successful appeals in civil court against negligent property owners and staff members responsible for causing your loss.

Call us today to let our lawyers handle the legal side of your swimming pool accident claim while you focus on recovering from any injuries that may have occurred.

Getting Maximum Compensation for a Wrongful Death Claim

Did you lose a loved one by accidentally drowning at a hotel, motel, or another business establishment? Our personal injury attorneys fight aggressively to ensure that our clients receive maximum compensation for the wrongful death claim.

According to Illinois law, the victim's estate or surviving family members can file a wrongful death lawsuit against the party found responsible for your loved one's death. The personal injury lawsuit asks a court to consider all the wrongful acts of negligence committed by another person or business and award compensation for the wrong done to the victim.

The following are some examples of conditions leading up to potential premises liability cases:

  • Inadequate lighting in dimly lit hotel areas
  • Poorly maintained equipment used for swimming pools
  • Hazardous pool steps without handrails
  • Sunken or broken-down hot tubs that are not secured to the ground

Statute of Limitations for Swimming Pool Injuries

Every potential plaintiff must file their hotel pool accident claim or personal injury lawsuit before the statute of limitations expires. According to Illinois law, the statute of limitations is the restricted time, typically two years from the date of the injury/accident, to file their case.

Any failure to file your personal injury claim within this time limit will result in the judge dismissing your case without any further consideration.

What to do after every accident:

  • Get medical treatment as soon as possible and keep all related records
  • Take photos of the scene, injuries, and damaged property
  • Contact witnesses and ask them to provide written accounts
  • Gather business documents, payroll records, and receipts
  • Make sure that every insurance personal injury claim is filed promptly

There are three (3) types of damages that can be claimed under premises liability law:

  • Compensatory damages for actual losses and out-of-pocket expenses
  • Personal injury compensation for pain and suffering, medical bills, wage loss, and emotional distress
  • Wrongful death settlement amounts to compensate survivors: spouse, children, or parents/grandparents (for up to 2 years after the accident)

Contact us today for a free personal injury consultation for more information about filing a premises liability case in Illinois. Call now to speak with a swimming pool accident lawyer at (888) 424-5757.

Illinois Premises Liability Laws and Swimming Pools

Under Illinois law, property owners, managers, and supervisors owe a duty of care to protect any guest, visitor, or employee from every known or knowable danger. If the pool owner fails to meet these standards, or if their negligence somehow contributes to a wrongful injury or death, they can be held liable for any accident that happens on their site.

The state legislature has enacted many laws and regulations to manage swimming pool safety. The Illinois Department of Public Health is the agency responsible for enforcing these laws and regulations. Here's an overview of some key swimming safety standards in Illinois:

Hotel owners must guarantee that all swimming pool areas are as safe as reasonably possible for their patrons and employees.

The Illinois Swimming Pool Safety Act of 1987 is Illinois' main premises liability law governing pool safety. Here are some key points from this Act:

  • Every hotel, apartment complex, health care facility, school dormitory, summer camp (or similar facility), or any other public building having a swimming pool with water over 24″ deep must have a sign conspicuously placed at the entrance to the pool area. The sign must indicate that it is unlawful for any person who has a communicable disease or infectious condition to use this facility. Any violation of the premises liability lawis subject to fines and penalties.
  • Every facility with a swimming pool must post rules and regulations governing the conduct and safety procedures associated with the use of their pool(s). These rules must be made available at the pool or posted near it. The most stringent requirements apply to hotels that are subject to additional penalties for violations.
  • Every facility with a diving board, standpipe, or un-capped well must post rules and regulations that prohibit diving into shallow water and open water from a height of fewer than 15 feet.
  • Every facility with a swimming pool must have an instructional sign posted near the pool listing the safe diving and swimming requirements. These rules must also be conspicuously displayed in locker rooms and other areas where swimmers change their clothes. In addition, the sign must list general safety rules and those rules that apply to the pool where it is posted.
  • Every public pool must post safety rules, provide lifeguard necessities (such as beach chairs and first-aid kits), and be always ready for use. In addition, anyone associated with a public swimming pool facility is prohibited from using profanity or lewd behavior when communicating with swimmers.
  • Hotel and motel pools must be open to the general public for a certain number of hours per day. In addition, these facilities must provide free pool towels along with soap or sanitizer in sufficient quantities.
  • Every hotel or motel that uses a hot tub is required to maintain a definitive written record on guests requiring special care due to known physical or mental impairments, pregnancy, disease, or medical care. These records must be kept on file for at least three months and made available to local health authorities upon request.
  • Hotel pools that require the use of a pool slide must have special rules in place governing their proper use. The rules must provide adequate instructions for its proper use and the precautions necessary for guest safety.
  • Every pool facility must place a warning sign at all pool entrances and exits prohibiting swimmers from entering the water if they have any open wounds or sores on their bodies. In addition, cold weather apparel (such as wetsuits) is prohibited in swimming pools.
  • Hotel pools must be equipped with adequate first aid equipment. It must contain, at the very least, adhesive tape, bandages in sufficient quantities, burn ointment, antiseptic solution, or cleanser in sufficient quantities (in addition to instructions for its use), ice packs, scissors, tweezers, or similar items. In addition, the kit must always be available and accessible.
  • Every swimming pool must contain an adequate number of lifeguards, based on the corresponding maximum bather capacity of the pool. In addition, every public pool must have a telephone or other approved communication system accessible from within the pool enclosure so that assistance can be quickly summoned if needed.
  • Hotel swimming pools are always required to have an emergency telephone or rescue equipment readily available. The phone must be approved by the local authority having jurisdiction and must include a current listing of hotel employees who are trained in its use.
  • Every public pool must provide signs containing information regarding first aid and the name and address of the nearest hospital that will treat a person in need of emergency care. The signs must be placed prominently and conspicuously at all pool entrances and exits and in other areas where swimmers can easily read them.
  • Every public pool must post a sign with the requirements for personal hygiene. It includes prohibitions against spitting, blowing one's nose, making loud noises, or improper language, as well as a requirement for users to shower before entering the pool.
  • Every public pool or spa must have a sign prohibiting patrons from bringing food or drink into the water. In addition, no person under the influence of alcohol may enter an area of a community pool used by bathers.

Hire Hotel Pool Accident Attorneys for Compensation From Your Swimming Pool Injuries

Was your loved one injured in a slip and fall accident at a hotel, or did they die unexpectedly in a hotel drowning accident? At Rosenfeld Injury Lawyers, our premises liability attorneys can help you with your hotel pool accident claim.

You can reach us at (888) 424-5757 for immediate legal advice. No two defective hotels are the same. That's why we will listen to your story and provide you with a free consultation.

Our legal team accepts every personal injury case and wrongful death claim on a contingency fee basis. This promise ensures you will owe your pool accident lawyer nothing if we cannot successfully resolve your case through a negotiated settlement or jury verdict.

All confidential or sensitive information you share with your personal injury attorney remains private through an attorney-client relationship. Act quickly before the statute of limitations expires, and you'll no longer have access to compensation for medical expenses, lost wages, and pain and suffering associated with your serious injuries.

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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
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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
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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