Businesses like hotels owe their guests the highest duty to keep their premises reasonably safe. Unfortunately, swimming pools can be very dangerous, especially for guests who are not familiar with the pool. Some of the hazards include pools that are shallower than imagined, loose tiles that can cause people to slip, and contaminated water.
If you have been injured in a hotel swimming pool, please contact DC Law today. One of our Austin premises liability attorneys will take a look at your case to see if you can sue.
Basics of Texas Premises Liability Law
Texas law creates certain duties that property owners owe to people visiting the property. As a guest of a hotel, you are an “invitee” for purposes of Texas premises liability law. Your status determines the hotel’s duties, which for invitees involves the following:
- Use reasonable care to protect guests from any condition that creates an unreasonable risk of harm
- Use reasonable care to discover any hazards that create an unreasonable risk of harm
Reasonable care can include fixing the hazard or, at a minimum, warning guests of it. So, for example, if a pool is shallow at one end, guests should be warned so that they do not dive headfirst and end up paralyzed. If there is debris around the pool that can cause a person to slip, then the hotel should clear that up.
However, premises liability law does not automatically impose liability whenever a guest is injured in a pool. For example, if two people are horsing around and one gets injured, the hotel is probably not responsible.
Finding Evidence for Your Case
If you or your child was injured in a hotel pool, you will want to gather as much evidence as possible. As explained above, the duties a hotel owes its guests largely turn on what it should reasonably have known about the pool’s dangers.
Remember to collect the following:
- Write down the date, time, and location of the accident.
- Identify any witnesses who saw you or your child get injured.
- Document the hazard that caused the injury. For example, if there was no warning at the shallow end of the pool, get a picture that shows the lack of a warning sign.
- Write down what you remember about the accident and how it occurred.
- If there was hotel staff on duty acting as lifeguards, get their names and contact information.
Everything depends on the context surrounding the accident. In some situations, an attorney can identify reasonable steps a hotel should have taken to make the pool safe. An attorney can also investigate whether other people have been injured in the pool, which should have put the hotel on notice that the pool was hazardous.
Speak to an Austin Premises Liability Lawyer
Countless swimming pool accidents happen each year, resulting in serious injuries and sometimes even death. For help with your case, contact the Austin law firm that has your back.