An accident at a hotel or resort will end your fun instantly. It can leave you with medical bills or, worse yet, grappling with the trauma of a tragedy. Due to the number of hotel swimming pools in Nevada, injury lawyers in Las Vegas all too often have to represent people and families devastated by a terrible swimming pool accident.
Hotels, resorts, and water parks have a legal duty to maintain safe environments. When owners or operators fail in this duty, you could collect compensation based on premises liability law in Nevada.
Most hotel swimming pool accidents rely on premises liability as the legal argument for recovering financial damages. According to the doctrine of premises liability, owners or property managers face financial responsibility for your injuries if they did not keep their properties in a reasonably safe condition or warn you of threats to safety.
In a personal injury case, premises liability occurs when:
- A dangerous condition exists.
- The owner or manager was aware of the danger or should have been aware of it.
- The dangerous condition is the direct cause of the victim’s injuries.
Consulting a Las Vegas injury attorney after you get hurt at a hotel swimming pool may be necessary to determine if you can claim damages based on premises liability law in Nevada. At the time of your accident, your injuries and mental shock may have made it difficult to know exactly what happened. This is the type of situation that Las Vegas injury lawyers look into so that victims can get answers.
Hotel Operators’ Duty of Care
The duty of care imposed on companies that run hotel resorts obligates them to keep a property in good repair and take appropriate steps to protect guests from injury.
Duties related to pool operation include:
- Repairing broken tiles and railings
- Ensuring that flotation and water rescue devices are present in the pool area
- Posting warning signs about diving hazards
- Closing the pool when strong cleaning chemicals are applied
- Training pool staff properly
- Restricting access, especially for young children
Failing to maintain a pool in safe condition arguably meets the definition of negligence if the unsafe condition hurts you. You and your lawyer may be able to apply laws about personal injury in Las Vegas to pursue compensation.
Under Nevada law, hotel guests are considered invitees, which means they have a legal right to be in the pool area. The lawfulness of someone’s presence matters in premises liability because the legal standards are less strict for trespassers unless they are young children.
Pool Accidents Can Be Severe
Pools involve water and hard surfaces, and that combination can easily produce slip-and-fall accidents that break bones or cause head trauma. Drowning and near-drowning are also substantial risks. Chemical burns also occur sometimes when mistakes are made with the handling of cleaning chemicals.
As a result, victims might be left with:
- Brain damage
- Chronic pain
- What Damages Must a Hotel Pay for Pool Injuries?
Personal injury law authorizes the recovery of most expenses related to an injury that results from negligence. A Las Vegas injury lawyer could work with you to document all expenses and prepare a claim on the hotel operator’s insurance.
Typical expenses that you may have a right to claim:
- Ambulance and hospital bills
- Physical therapy bills
- Medical bills for ongoing care
- Home care
- Lost income
- Lost earning potential
- Damaged property
Additionally, you may succeed in collecting compensation for pain and suffering and loss of consortium or companionship. Occasionally, punitive damages are justified when a hotel disregards the duty of care to an enhanced extent and purposely disregards your rights and safety.
Legal Tactics Used Against Victims of Hotel Pool Accidents
The insurers for hotel resorts have a business interest in limiting what they pay to victims. Their motivation to push back against your claim for damages increases the size of your desired settlement.
In your personal injury claim, the defendant could have some legal arguments to draw upon to reduce or deny your claim. This is a big reason why accident victims seek representation from injury lawyers in Las Vegas. Your lawyer will be on guard against tactics used against injury victims, such as:
- Shifting blame for the accident onto the victim
- Arguing that the hazard was open and obvious
- Insisting that something besides the alleged dangerous condition caused the accident
- Blaming your injury on your pre-existing medical condition
Because legal defenses like these might threaten your case, you should obtain legal advice before making any statements to the opposing insurance company. What might seem like an innocent or irrelevant comment to you might create an opening to blame you for your accident. You may be especially vulnerable if your actions partially contributed to the accident or you have an old injury aggravated by the pool accident.
Get Help From an Accomplished Las Vegas Injury Lawyer
Premises liability cases involving hotel swimming pool accidents can be complex. Venues are often crowded and busy, and hotel staff may conceal their failings or incompetence. Darren Lach has a strong reputation as a tireless negotiator and litigator among injury lawyers in Las Vegas regarding cases of premises liability law in Nevada.
If you have been badly hurt at a hotel pool, contact LACH INJURY LAW for a free consultation today.