Most guests at a hotel are travelers on vacation or in town on business. The last thing on their mind is being involved in an accident at the hotel and getting injured. But regrettably, accidents can occur anywhere, and occasionally they happen at hotels in New York, especially at the hotel swimming pool.
If you were injured at a NY hotel swimming pool, you should speak to a NY personal injury attorney to explore your options. However, before contacting an attorney, there are a few things you should be aware of, which we cover below.
Who Is Liable For Your Injuries?
One of the first things to determine is who is liable for the swimming pool accident, so you know who you will be filing a claim against. If a hotel employee causes the accident that led to your injuries at the pool, the hotel will be liable for your losses. However, if another hotel visitor was responsible, you may need to sue them directly. But, the hotel's liability may be the result of its own negligence.
You could have a claim against the New York hotel, for instance, if they failed to provide a safe environment for hotel guests to enjoy their swimming pool. Reasons why the hotel could be considered negligent, include:
Lack of a Lifeguard
Lack of supervision at swimming pools is a common reason why accidents occur, especially when young children are present. When a lifeguard is unqualified or off duty, there is a higher chance of an accident happening. Some hotels will post signs that state that there is no lifeguard on duty and that guests should swim at their own risk, or have specific hours that the pool is open for swimming.
Most swimming pools must have one or more licensed lifeguards on duty. However, there are some places where lifeguards are not required. A pool operator must be present at all times anytime a pool or spa is open because lifeguards are not always required by law to be present for hotel pools. However, the hotel must have a first aid and CPR professional who is certified on premises.
Faulty Equipment
The pool's equipment must be in good working condition. Hotel pool accidents involving defective equipment can cause fatalities or serious injuries. The law mandates the installation of anti-entrapment systems in all swimming pools to prevent swimmers from getting their garments or limbs entangled in the drain.
Hazards on the Property
Accidents are more likely to occur when pools are damaged. Slips and falls can be caused by a tripping hazard brought on by cracked floors. A swimming pool that is not marked or that is not secured by a gate could put young swimmers at risk as well.
You should seek a personal injury attorney if you're not clear who is responsible for your accident. They can assist you in determining who is at fault and the best course of action.
How Is Negligence Proved?
Although proving negligence can be difficult, it is necessary if you wish to sue the hotel. You must demonstrate that the hotel owed you a duty of care and violated that duty in order to establish negligence against them. Additionally, you'll need to provide evidence that their negligence caused the hotel pool accident and your injuries.
It's important to gather all evidence, document the accident site with photos, and get the names and contact details of any witnesses. Keep all of your accident-related receipts and medical records as well. The proof you'll need to support your claim can be gathered with the assistance of an expert personal injury attorney.
What Losses Can I Recover In A Lawsuit?
If you intend to sue, you must be aware of the types of losses you can claim as compensation. In general, both economic and non-economic damages are recoverable. Medical costs and lost wages are examples of economic damages that have specific amounts. Damages without a specific total value are called non-economic damages, which includes pain and suffering.
Punitive damages may also be recoverable under specific circumstances. If a party acted egregiously or intentionally set out to hurt you, punitive damages are awarded to punish the party responsible. However, punitive damages are rarely awarded.
Deadline to File a Lawsuit
You typically have just one year in New York to file a personal injury claim. Consult a personal injury attorney as soon as you can if you're unsure of how long you have to file a lawsuit. They will be able to examine the particulars of your case and inform you of the deadline for filing a lawsuit.
Brandon J. Broderick's New York Personal Injury Lawyers Are Here For You
If you're dealing with a New York hotel swimming pool accident, we can help. Brandon J. Broderick has a team of NY personal injury attorneys to help you navigate the legal process and seek justice on your behalf.
If you've been injured, time may not be on your side. It's important to speak to and retain legal counsel. For a free consultation, please contact us today.
Many of our clients feel relieved after making that first call.