Swimming pools are one of the most popular attractions at Las Vegas hotels and resorts. While most guests have a good time at these facilities, swimming pools can pose serious injury risks. Injuries in hotel pool areas can result in significant medical expenses, lost wages, pain, and other economic and personal difficulties.

Hotels are legally obligated to keep their pool facilities safe and properly maintained. If they fail to meet this legal duty and a guest gets injured, that guest may have grounds for a personal injury claim against the property. 

If you have recently been injured in the pool area of a Las Vegas hotel or resort, you should be aware of your legal rights. The team of dedicated Las Vegas hotel and casino injury lawyers at the Cottle Firm is prepared to analyze your case and help you determine whether you have grounds for a claim. Call us today at 702-722-6111 to learn more in a free consultation.

Common Swimming Pool Injuries

Swimming pool injuries vary in severity, from minor cuts that heal with basic first-aid to severe, life-altering injuries that require ongoing care. Here are some of the most frequent injuries that occur around hotel pools.

Drowning Accidents

Drowning remains one of the top risks associated with swimming pools, especially for young children. Many drowning accidents occur due to negligence, such as a lack of supervision by lifeguards, inadequate barriers like gates or pool covers, and malfunctioning pool equipment. According to the Centers for Disease Control (CDC), even non-fatal drowning can cause severe neurological damage and long-term health complications.

Traumatic Brain Injuries (TBI)

Traumatic brain injuries (TBI) can occur when someone dives into shallow water or slips and falls around the pool deck and hits their head. A concussion is the most mild form of a TBI, while more severe TBIs can cause severe brain damage and comas, and may even result in death. Hotel guests are vulnerable to TBIs and other head injuries when adequate safety measures are not in place.

Slip & Fall Incidents

Wet surfaces, loose tiles, and a lack of proper warning signs can make pool areas prime spots for slip-and-fall incidents. These accidents may result in sprains, fractures, bruises, and other injuries. Poor lighting or cluttered pathways surrounding the pool can also increase the risk of falls.

Electrocution

Faulty pool lighting or issues with electrical systems can create electrocution hazards for guests. Hotels are responsible for ensuring that all electrical components in and around the pool are safe and compliant with safety standards to prevent injuries and deaths.

Diving Injuries

Diving into shallow water or hitting the bottom of the pool can cause severe injuries, such as spinal damage and head and neck injuries. Hotels should have clear depth markers and appropriate signage to warn guests of shallow areas, as these can help mitigate the risk of diving injuries.

Drain Entrapment

Drain entrapment occurs when a swimmer gets trapped by the suction of a pool’s drain. Swimmers can suffer severe injuries or even drown if the drain is improperly designed or poorly maintained. Hotels must ensure that all pool drains meet safety standards to prevent these incidents.

Spinal Cord Injuries

Spinal cord injuries can result in partial or complete paralysis. Hotels must make sure guests are aware of the risks, particularly around diving boards and shallow pool sections..

Cuts and Abrasions

Broken tiles, sharp objects, or poorly maintained pool surfaces can cause cuts and abrasions. While these injuries are often minor, they can become serious if infections develop.

Pool Chemical Injuries

Improperly balanced chemicals can cause skin irritation, respiratory issues, or chemical burns. The hotel is responsible for maintaining safe chemical levels in the pool to prevent chemical injuries.

Circumstances When the Hotel is Liable

Hotels have a legal duty to ensure that their swimming pools are safe for guests and may be held liable for injuries if they fail to meet this duty. Here are some common scenarios in which a hotel may be responsible for a pool-related injury.

Negligent Pool Maintenance

Regular maintenance is necessary for keeping a pool safe. Poor maintenance standards can create unnecessary injury risks for guests. Some common forms of negligent maintenance include:

  • Poorly maintained equipment: This includes malfunctioning pumps, faulty pool lights, or broken drains. If pool equipment is not regularly maintained, it can pose risks for swimmers.
  • Cracked or loose tiles: Uneven or broken tiles can easily cause guests to trip and fall. If the hotel fails to fix cracked or loose tiles or does not place warning signs while repairs are pending, they could be found negligent for any resulting injuries.
  • Failure to inspect pool safety features: Hotels should conduct regular inspections of safety features like railings, ladders, and depth markers. A lack of proper inspections can be seen as negligence if it leads to an injury.

Inadequate Supervision

Hotels are responsible for hiring trained and qualified lifeguards. These properties may be held liable for inadequate supervision in the following situations:

  • Inadequate training: If a hotel’s lifeguards are not trained in CPR, rescue techniques, or emergency response, the hotel can be liable for failing to provide adequate supervision.
  • Insufficient lifeguards: Large or crowded pool areas require enough lifeguards to keep an eye on all guests. If an accident happens due to not enough lifeguards on duty, the hotel could be held responsible.

Improper Safety Measures

Hotels are expected to implement safety protocols and provide safety equipment to prevent injuries. Some common forms of improper safety measures that can lead to pool injuries include:

  • Missing or inadequate warning signs: Hotel pools should have clear signs about the depth of the pool, warnings against diving in shallow areas, and notices about slippery surfaces. If a guest is injured due to a lack of warning signs, the hotel could be held liable for damages.
  • Lack of barriers and fencing: Hotel pool areas should be secured with safety barriers, such as fencing around the pool. These help prevent unauthorized access, especially by children. A hotel that fails to secure its pool area could face liability if a guest or non-guest suffers an injury.

Hazardous Conditions

Hotel owners and other types of property owners have a legal duty to make sure their premises are free of hazards that could injure guests. If a hotel fails to take reasonable steps to eliminate or warn of dangerous conditions, it may be considered negligent for any resulting injuries. Some common hazardous conditions at Las Vegas hotel pools include:

  • Wet and slippery surfaces
  • Trip-and-fall hazards, such as debris or objects on the pool deck
  • Unsafe chemical levels
  • Dangerous electrical installations
  • Debris in the water

When is the Hotel Not Liable?

Although hotels are legally obligated to keep their pool areas safe, they are not always liable for injuries. Some situations can limit or eliminate their liability for injuries.

Assumption of Risk

In some cases, the injured party may have voluntarily engaged in risky behavior. If a guest knowingly took actions that involved clear risks, the hotel might not be liable. For example, if a guest ignores visible safety warnings, such as “No Diving” or “Slippery When Wet” signs, the hotel could argue that the individual assumed the risk. 

Comparative Negligence

Nevada has a comparative negligence law (NRS 41.141), which means that both parties in a personal injury claim are evaluated for negligence. Liability may be divided between both parties, and the injured party may still file a claim if they were less than 51% negligent.

If a guest’s actions contributed to the injury – such as running on the pool deck despite posted rules – the hotel’s liability may be reduced. For example, if a court finds that the injured party was 40% at fault for ignoring safety rules, the total amount awarded would be reduced by that percentage. 

Third-Party Liability

Injuries caused by the actions of other guests or third parties may not result in hotel liability. For example, if an injury occurs due to rough or reckless behavior by another guest, the hotel may not be at fault. In such cases, the injured party may need to pursue legal action against the individual responsible.

Another example would be injuries caused by faulty equipment installed by an independent contractor or third-party company hired by the hotel. In these cases, liability may fall on the party who installed the faulty equipment or the manufacturer of that equipment.

How Much is a Swimming Pool Accident Case Worth?

Compensation for swimming pool injuries can vary based on several factors, such as the severity of the injury, the cost of medical treatment, and the recovery times. Other considerations include the impact on the victim’s quality of life, ability to work, and emotional distress.

Victims may be entitled to compensation for medical expenses, lost wages, pain and suffering, and emotional distress. In severe injury cases, compensation can also cover long-term care needs or home modifications. Minor injuries might result in settlements of a few thousand dollars, while catastrophic injuries could result in six or seven-figure payouts.

How to File a Lawsuit Against a Hotel or Casino

If you believe a hotel was responsible for your pool-related injury, here are the steps to take when filing a lawsuit:

  • Gather evidence: Take photos of the accident scene, document the hazardous conditions, and gather maintenance records or reports that show any negligence by the hotel.
  • Seek medical attention: Prompt medical care is key both for your health and your legal case. Medical records provide a link between the accident and your injuries.
  • Contact an attorney: Contact an attorney with experience handling premises liability cases in Nevada.
  • File a premises liability claim: Once you decide to take legal action, your attorney will file a formal complaint against the hotel.
  • Negotiate a settlement or go to trial: Many cases settle out of court, but some proceed to trial if a fair settlement can’t be reached.

Learn More From Our Las Vegas Hotel and Casino Injury Lawyers

Have you recently been injured in an accident at a Las Vegas hotel’s swimming pool? If your injury was caused by negligence, you may have grounds for a personal injury claim. At the Cottle Firm, we hold negligent hotels accountable for preventable injuries. Call our Las Vegas hotel and casino injury lawyers today at 702-722-6111 to discuss your swimming pool injury case in a free consultation.