Slip and Fall Hotel Pool Accidents
Hotel pools should be a great place to relax during your holiday. But this isn’t always the case. Sometimes, it can be the site of a serious accident. All it takes is a little puddle to create a slick spot that causes you to lose your footing. Unfortunately, these are fairly common, especially in a sunny state like Florida. The real question is what happens after these accidents. What type of legal rights do you have? Here are some of the things you need to know if you have been injured in a hotel pool accident.
Can You Sue a Hotel For a Pool Accident?
Let’s start with one of the most important legal questions. Can you sue the hotel for these accidents? The answer is yes. The hotel has a responsibility to provide a safe environment for its guests. This extends to their pool facilities.
However, it’s important to dig a little deeper than this. To bring a successful hotel pool accident suit you will need to prove that the hotel was negligent. There are a few steps to a successful negligence claim:
- Duty of care. This element is easy to prove. If you were a guest of the hotel, they are responsible for providing a safe pool facility.
- The hotel breached this duty of care. This can be a little more challenging to prove. You will need to show that their actions, or lack of action, caused the accident. For example, poor maintenance might have left a tile sticking out of the floor, which you tripped over. We’ll discuss some ways that you can gather the evidence you need to support your claim later.
- You were injured as a result of this breach. You need to have suffered some physical injuries as a result of the slip and fall. You will also need to prove that these injuries were caused as a direct result of the accident. This is something that a medical report can help with.
While it seems like these criteria are fairly straightforward this usually isn’t the case. It’s common for hotels to try and bend the law to suit their version of events. Because of this, you need a good personal injury lawyer, who is prepared to fight for your rights. It’s also important to make sure that you gather plenty of evidence to support your version of events.
Most Common Injuries After Hotel Pool Slip and Fall Accidents
There are a few types of injuries that you can incur after a slip and fall accident. The most common will be some minor scrapes and bruises. While they might hurt for a few days, they are unlikely to cause you any long-term harm. Sadly, not everyone will be so lucky. Here are some of the potential consequences of a hotel pool accident:
- Broken bones
- Broken teeth
- Concussions
- Spinal injuries
Most of these injuries will take a while to recover from. It can take a few months of intensive care before you will be able to be fully recovered. At other times, this can be enough to lead to a life-long disability. In severe cases, these types of accidents have even been known to lead to death.
Gathering Evidence to Support Your Claim
Proving premises liability can often be a difficult task. Because of this, it’s important to make sure that you are gathering plenty of evidence to verify your version of events. This process will start right after the accident. Here are some of the things you should do:
- Take pictures of the scene
- Photograph what was responsible for the accident
- Tell hotel management. This reduces the chance that they will delete the footage, as they know there is the potential for future legal action. Plus, you have a record of the time and date of the accident.
- Get the names and contact information of anyone who saw the accident
- Go see a medical professional and get them to give you an assessment of your injuries. You should do this regardless of how severe you think the accident was. Sometimes, it can take a few hours before the adrenaline starts to wear off and you can feel the pain.
- Write down the hotel pool accident in detail. This will ensure that your memory of the event seems fresh.
If you can get all this evidence, you will have a strong claim against the hotel. Plus, there will be less work for your lawyer to do. This will allow them to spend more of their time preparing your case, giving you the best chance of winning.
It’s a good idea to see a lawyer as soon after the accident as possible. Sometimes, the hotel’s insurance company will reach out to you following the accident. They will offer you a settlement deal. It can often seem like these are a good deal. But they are usually a low-ball offer. Without a lawyer to negotiate on your behalf, you will often end up settling for a low figure.
What Types of Things Can You Claim For?
The things you can compensate for can be broken down into two sections. The first thing is that you will be able to sue for is the costs relating to your physical recovery. This includes things like:
- Hospital bills, both present and into the future
- Cost of medication
- The time you had to spend off work
- Physical therapy
- Diminished earning capacity, if you were left permanently disabled
You can also sue for elements that are related to your mental health. This includes things like:
- Pain and suffering associated with the recovery process
- Loss of enjoyment in life, if you were left disabled after the accident
In some cases, the accident might have resulted in the death of a loved one. In this case, you will be able to claim the costs associated with their funeral. Family members will also be able to sue for loss of consortium.
The elements you can claim for will depend on the type of injury you experienced. As long as you have a good personal injury attorney, they will be able to help you get everything that you are owed.
Contact a Slip and Fall Lawyer
If you have been unfortunate enough to be involved in a hotel pool slip and fall accident, you should contact a lawyer today. Our firm has a long history of standing up to hotels and their bullying lawyers. We fight for your rights, making sure that you get the best possible compensation. So, book an appointment today to meet with one of our personal injury attorneys to learn more about how we can help you.
