Who Is Liable in Hotel Drowning Accidents?

 Posted on July 22, 2021 in Wrongful Death

Colorado Springs police issued a report of a child who was taken to the hospital after a near-drowning incident on July 15 at the Hotel Elegante. Police have not released any other information, including the child’s age or current condition, but the incident is perhaps notable in light of a drowning that occurred at the same hotel several years ago. In that case, the family of the child who drowned later filed a wrongful death lawsuit against the hotel, as well as several other parties. These cases raise the question of who may be liable for drowning accidents.

Allegations of Negligence

After the previous drowning incident, which happened in December 2017, the victim’s family alleged that the hotel was liable due to a failure to provide adequate warning of a steep drop-off between the shallow end and the deep end of the pool, as well as a failure to enforce a rule requiring children entering the pool area to have adult supervision. The family also sought damages from the grandmother of the victim’s friend, who the family alleged was responsible for the victim’s supervision at the time.

Colorado Premises Liability Laws

Colorado premises liability laws apply in many drowning incidents. According to these laws, property owners owe a duty of care to lawful visitors to keep the property reasonably free of hazards. When there is a failure of that duty and a person is injured as a result, the victim can pursue a premises liability lawsuit against the owner for the losses they suffer because of their injuries. If the victim dies from their injuries, their family may be able to pursue a wrongful death lawsuit against the owner, like the family of the young girl who drowned.

Many hotels offer pools as a way to attract customers to their locations; however, those hotel owners are responsible for making sure those customers are safe when using the pools. A hotel owner may be legally deemed negligent if one or more of the following situations contributed to a drowning or near-drowning:

• Inadequate or no lifeguards on duty

• Inadequate or no safety equipment

• Insufficient or no barriers between shallow and deep ends of the pool

• No warning signs for any hazards that pool users may not be aware of

• Broken pool equipment, including filters or drains

Contact a Larimer County Personal Injury Attorney for Legal Help

If you or a family member has suffered an injury at a hotel or other business establishment due to the negligence of the owner, you may be entitled to financial compensation through a premises liability lawsuit. If your loved one has died from their injuries, then a Fort Collins wrongful death attorney may also be able to help you get the financial justice your family deserves. Call Hoggatt Law Office, P.C. today at 970-225-2190 to schedule a free consultation.

Sources:

https://gazette.com/news/mother-sues-hotel-elegante-after-daughter-drowns-in-indoor-pool/article_93449302-7ee8-11e8-bed1-674a638db644.html

https://www.kktv.com/2021/07/16/person-taken-hospital-possible-drowning-incident-colorado-springs-hotel/

https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Committees/Civil_Jury_Instructions_Committee/Chapter%2012.pdf