Why do hotels an resorts need to warn you first?
A family vacation should be a time about fun and reconnecting. Most people taking some time off never even think about dangers on a hotel or resort property that could lead to serious injuries or even death. That’s why a lawyer can help after an accident has already occurred. Most people don’t know about the risks and do not understand their rights, either.
Anytime that you stay in a hotel or resort, it is the hotel managers or owners that are responsible for minimizing potential dangers. They may face liability when a visitor or swimmer in the pool is injured. The owner is not necessarily liable automatically for all injuries that occur in and around the pool, however. The most important legal aspect to keep in mind is the premises liability rules will typically apply.
A pool is usually considered part of the property its located on, meaning that premises liability rules apply in injury lawsuits for pools. This means that anyone who is legally on a property, who is injured as a result of something the property owner or a manager should have known about, could lead to personal injury claims. A pool owner does not owe trespassers, for example, a duty of care, however.
Certain risks are too obvious to create liability for the pool owner. However, if it is not obvious that a pool may be too shallow for diving behavior or if there are hidden obstructions, those individuals who are legally within the pool could hold the owner or manager liable in the event that an injury or drowning occurs. This is why it is important that any hotel or resort pool owner or manager regularly inspects the premises to determine any potential dangers or obstructions and notifies guests about these or takes reasonable steps to remove them. If the hotel or resort manager fails to this and someone is injured or killed as a result, a personal injury claim may be the next step for the injured party or his or her surviving family members.
After an accident, the hotel or their insurance company may be counting on you not being aware of your rights. They may even push you to sign a settlement agreement or a statement that absolves them of liability. In these situations, they are unlikely to go out of their way in telling you that you have rights or that you should talk to a lawyer. That is not in their best interests. In order to get a clearer picture of the situation, you should consult with an experienced lawyer so that you can make an educated decision about whether or not it makes sense to file a lawsuit.
If the hotel breached their duty to you, you have rights and you may be able to recover compensation for your injuries.