Swimming pools are a staple of Las Vegas hotels. For many families, booking accommodation with a pool is a non-negotiable, especially during the summer months. While a swimming pool is an enjoyable part of the trip for most Las Vegas visitors, injuries can occur if the casino fails to follow safety standards in the pool area. 

Children are especially vulnerable to swimming pool injuries. They are more likely to suffer more severe injuries if they slip and fall on wet surfaces, and are more vulnerable to drowning incidents than adults. If your child has recently been injured at a Las Vegas swimming pool, you are understandably upset and may be curious about your legal options.

When a child swimming pool injury occurs due to negligence, the negligent party may be held liable for damages in a personal injury claim. At the Cottle Firm, our Las Vegas hotel injury lawyers help our clients seek the compensation they deserve and hold negligent hotels accountable for preventable injuries. You can learn more about your family’s legal options by calling us today at 866-755-9111 for a free consultation.

Common Causes of Child Injuries in Hotel Swimming Pools

Hotels have a legal duty to keep all aspects of their properties safe, including swimming pools and surrounding areas. However, sometimes hotel negligence results in preventable swimming pool injuries. Below are some of the most common forms of negligence in personal injury claims for child hotel swimming pool injuries.

Lack of Supervision

Hotels are responsible for employing enough lifeguards and ensuring that these employees are qualified and well-trained. If a child gets injured due to negligence by a lifeguard or a lack of lifeguards on duty, the hotel could be held liable for damages. Parents should also supervise their children closely to minimize the risk of injuries.

Slippery Surfaces

Wet pool decks can be hazardous and may lead to slip-and-fall injuries. Hotels should hire staff members to regularly maintain pool decks and place warning signs near wet surfaces to protect guests.

Defective Pool Equipment

Hotel staff members should regularly inspect and maintain pool equipment to protect children and other guests from preventable injuries. Malfunctioning drains, pumps, or filtration systems can cause serious injuries. Broken ladders, diving boards, or slides also create an unnecessary injury risk for guests. 

Inadequate Safety Measures

Pool guests can be put in danger if the pool lacks essential safety features like barriers, warning signs, or rescue equipment. Children can also suffer preventable injuries if unsecured pool areas are left accessible to them. 

Chemical Imbalances in Pool Water

According to the Centers for Disease Control (CDC), mishandling of pool chemicals can cause serious injuries. Improperly treated pool water can cause respiratory problems, skin irritation, and other health issues. Hotels that fail to meet pool chemical safety standards may be held liable for pool chemical injuries.

Overcrowding

Crowded pool areas are more difficult to monitor, which increases the risk of collisions, drowning, and other accidents. Hotels should ensure that pool areas stay under capacity to reduce the risk of such accidents.

Hotel Liability for Swimming Pool Injuries

If your child has recently been injured at a hotel swimming pool, you may be wondering whether the hotel could be held liable. Several areas of personal injury law could apply to your case. An experienced Las Vegas hotel injury lawyer can evaluate your case to determine whether you have valid grounds for a personal injury claim against the property.

Premises Liability

Under Nevada premises liability laws, hotels have a legal duty to provide a safe environment for their guests. This includes regular inspections, proper maintenance, and adherence to safety regulations in pool areas. Hotels that fail to meet the standards of the state’s premises liability laws may be held liable for any resultant injuries.

Negligence and Duty of Care

A hotel’s safety obligations to its guests are known by the legal term, “duty of care.” When a hotel breaches this duty of care by failing to keep its premises safe, it may be considered negligent. Examples may include failing to fix a known equipment issue or neglecting to employ enough lifeguards during peak hours.

Posted Warning Signs and Liability

Certain hazards are inevitable at swimming pools, such as slippery surfaces. However, hotels must always provide adequate warning signs to notify guests of such hazards. Hotels may be held liable for injuries caused by inadequate, misleading, or absent warning signs.

Vicarious Liability

Hotels and other businesses may also be held responsible for the actions of their employees. For instance, a hotel could be held liable if a lifeguard’s negligence in monitoring the pool resulted in an injury.

Comparative Negligence

If you file a personal injury claim for a child hotel pool injury, the hotel may argue that you were partially at fault for the injury. A common defense would be that the parents failed to adequately supervise their children and that this led to the injury. In some cases, both the plaintiff and defendant may be assigned a percentage of fault, known as comparative negligence (NRS 41.141). You may still file a personal injury claim if your percentage of fault is less than 50%.

Third-Party Liability for Swimming Pool Injuries

In some hotel pool injury cases, a third party may be responsible. For example, if your child suffered a swimming pool injury caused by a defective piece of pool equipment, the manufacturer of that product could be held liable in a product liability claim An experienced Las Vegas personal injury lawyer can help you determine the potential liability parties in your case.

Assumption of Risk for Swimming Pool Injuries

Assumption of risk is a legal doctrine that suggests individuals who voluntarily participate in risky activity, such as swimming, accept the inherent risks involved. For example, swimmers generally understand the risks of slipping, shallow dives, or collisions.

Application in Child Pool Injury Cases

Hotels often invoke the assumption of risk as a defense in pool injury cases by claiming that guests willingly engaged in swimming and thus accepted common hazards. This defense may be valid in cases involving clearly marked risks, such as a posted “No Diving” sign near a shallow pool. If an injury results from ignoring such warnings, the hotel may argue that the guest assumed the risk.

Exceptions to Assumption of Risk

The assumption of risk defense has limitations. It does not absolve hotels of liability when gross negligence is involved. For example, if the hotel failed to address severe safety hazards, the defense is unlikely to hold up. 

It also does not apply in cases involving hidden dangers. Guests cannot accept risks they are unaware of. For instance, a sudden drop-off in pool depth without warning signs may invalidate the defense.

There may also be an exception in cases involving child injuries. Children may not fully understand or appreciate the risks of swimming. Hotels must ensure they meet basic safety standards and clearly communicate potential risks to guests. If these obligations are not met, the assumption of risk defense is less viable.

Filing a Personal Injury Claim or Lawsuit for a Hotel Swimming Pool Injury

If you believe you could have grounds for a lawsuit for your child’s pool injury, you should contact an experienced Las Vegas hotel injury lawyer. At the Cottle Firm, our team can evaluate your case, help you determine if you have a valid claim, and guide you through each step of filing a personal injury claim or lawsuit against the hotel.

Determining Liability

Your lawyer can help you identify the responsible parties, which could include the hotel, a maintenance contractor, an equipment manufacturer, or a combination of different parties. They will investigate the case to determine the factors that caused the injury and who may be held liable for negligence.

Establishing Negligence

To prove negligence, your lawyer must demonstrate that the hotel failed to keep their premises safe and that this failure led to the injury. Evidence like photos, reports, medical records, and witness testimony can be used to establish negligence.

Filing the Claim

You should notify the hotel to create a record of the accident and your injuries. Let them know you plan to file a claim. Your lawyer can file a formal complaint in court and handle settlement negotiations with insurance companies and hotel representatives.

Settlement vs. Lawsuit

Most personal injury claims are resolved through settlements. However, if the hotel and their insurer are unwilling to offer a fair amount, the case could proceed to litigation. Your lawyer can represent you in court and present your case.

Compensation for Swimming Pool Injuries

If your child was injured at a hotel swimming pool due to negligence and you successfully prove this in court, you may be awarded financial compensation for all damages related to the injury. These types of personal injury claims may involve the following types of damages.

Medical Expenses

All medical costs related to the injury may be covered, including emergency care, hospital stays, rehabilitation, medications, and future medical care.

Pain and Suffering

These damages cover the emotional distress and physical pain a child may suffer due to their injury.

Loss of Enjoyment

Compensation for injuries that limit a child’s ability to engage in activities they previously enjoyed.

Punitive Damages

In cases of gross negligence or intentional harm, courts may award punitive damages to penalize the hotel and deter similar behavior in the future.

Learn More From a Las Vegas Hotel Injury Lawyer

As parents, seeing our children harmed is our worst nightmare. When a child gets hurt due to the negligence of another party, such as a hotel, the child’s family may seek financial compensation from that party. At the Cottle Firm, our Las Vegas hotel injury lawyers help families fight for the financial support they deserve after preventable injuries caused by negligence. Give us a call today at 866-755-9111 to discuss your family’s case in a free consultation.