Important things you need to know about waivers.
Every time that you have visited a hotel pool or a resort, there's a good chance that you've seen a sign saying something such as "swim at your own risk" or "no diving due to shallow water". Hotels can be a great place to kick back and relax particularly with the kids when you want to have the opportunity to allow them to swim. A liability waiver may say something such as:
Even in the event that you do not sign anything with the hotel directly you could be agreeing to the liability waiver for the hotel by jumping into the pool. A liability waiver will usually be unenforceable if it waives all liability or liability for intentional or reckless acts.
A hotel would not be able to avoid liability in a situation in which an employee at the resort pushed an individual into the pool and that individual later drowned. This was an intentional and reckless act. However, simple negligence liability waivers like those frequently posted at hotel or resort pools maybe fully enforceable.
Most hotels will use the signage posted in and around the pool as a waiver, but in some situations, there may also be a paper that you need to sign on checking in or taking part in some part of the resort’s activities. If this is the case, it’s important to read through this paper specifically.
Most hotels and resorts using this process are doing so because they expect you will not follow up with them with further questions. They also expect that you won’t read the document in full. However, such a document may contain information about your rights and responsibilities if you were to get hurt. This is why it’s imperative that you read through anything carefully so that you know what to expect if something does happen to you. An accident in a hotel pool can have serious consequences, so you need to know what your rights are if such an incident happens.
Courts will evaluate different levels of negligence including gross negligence and general negligence. Negligence typically refers to not acting as a reasonable person would. Gross negligence however, indicates a high level of disregard and inattention beyond the ordinary care that a reasonable individual would take. If you have been injured in a hotel swimming pool and you have questions about whether or not you may be eligible to file a personal injury claim, consulting with an experienced lawyer is strongly recommended.
A liability waiver in and of itself may not absolve the hotel of all liability in particular cases and it is in your best interests to consult with an attorney who understands these complex issues and can help guide you through a case. Taking action sooner rather than later ensures that you do not allow the statute of limitations to lapse.