When you enjoy spending time at the pool while on vacation in Las Vegas, the last thing on your mind is getting hurt. Yet, pool injuries at hotels and resorts can occur for various reasons. After being injured, it is understandable that you will be in pain and confused about what to do next. 

At Adam S. Kutner, Injury Attorneys, we are here to assist you during this challenging time by providing free legal advice and assistance to those injured in hotel pool accidents. With over three decades of experience, our hotel injury lawyers understand the complexities of filing pool injury cases and Nevada premises liability laws to help injured victims receive the compensation they deserve.

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    Understanding Hotel Liability for Pool Injuries

    A swimming pool.

    The concept of premises liability in regards to hotels and resorts means the owners have a duty of care to maintain reasonably safe environments for their guests. They must also make guests aware of any potential hazards on the property, such as making guests aware of varying depths of the pool. 

     Duty of care is an essential aspect of establishing negligence when pool injuries occur. It means the hotel or resort should have provided a reasonably safe environment. However, they breached this duty, resulting in your injuries.  

    Nevada premises liability law also requires you to show that your injuries were the direct result of the hotel’s breach of duty, and you experienced actual financial losses, such as medical bills. 

    Hotel Negligence Examples for Pool Accidents

    There can be several causes for swimming pool accidents when a hotel or resort is negligent and fails to provide a duty of care to its guests. Some common hotel liabilities examples include:

    • No lifeguards on duty, and a lack of signage: When there are no lifeguards on duty, a hotel has a duty of care to put up signage to warn guests. 
    • Poorly trained or distracted lifeguards: Hotels and resorts must ensure lifeguards are properly trained, and remain attentive at all times. 
    • Inadequate pool maintenance: When the pool area is not maintained, and there are slippery surfaces, broken tiles, faulty drains, missing drain covers, or other hazards, they may be liable for any injuries.
    • Defective pool equipment: Water slides, diving boards, lighting, and filtration systems must function correctly and should be closed when there are hazards. 
    • Poorly maintained pool deck and pool areas: Cracked tiles, uneven and slippery surfaces, no depth markings, and other issues could lead to injuries. 
    • Alcohol-related accidents: Hotels and resorts have a duty of care to ensure guests are not over served alcohol. If an intoxicated guest gets into an altercation at the pool with another guest and they are injured, the hotel or resort, as well as the bartender, could be held negligent. 
    • Lack of security: Vegas resorts are known for their pool parties. When there is insufficient security and guests get hurt, the hotel or security company could be liable. 

    Common Hotel Pool Accident Injuries

    The severity of pool accident injuries does vary, depending on the specific circumstances at the time of the accident. Some of the common hotel pool accident injuries victims can experience include:

    • Drowning or near-drowning
    • Spinal cord injuries
    • Traumatic brain injuries (TBIs)
    • Fractures and broken bones
    • Lacerations and cuts
    • Slip-and-fall injuries
    • Infections from unsanitary conditions
    • Muscle strains and sprains
    • Lacerations and bruising
    • Head injuries
    • Suction entrapment
    • Assaults by intoxicated guests
    • Cracked and broken teeth
    • Facial injuries
    • Neck and shoulder injuries
    • Electrical shocks and burns

    Even when injuries seem minor, our spinal cord injury attorneys highly recommend seeking medical treatment. There could be internal injuries, or a delayed reaction before your injuries become apparent.  

    How to File a Hotel Personal Injury Claim

    It is vital to ensure you follow the proper steps after a pool injury to protect your legal rights, as follows:

    • Report the accident to the hotel or resort manager.
    • Seek medical care, even for minor injuries.
    • Document the accident scene, including taking photos and videos.
    • Obtain contact details for any witnesses.
    • Request that an accident report be completed. When providing details, only stick to the facts and do not admit fault. 
    • Request a copy of the accident report from the hotel manager for your records. 
    • Gather evidence, including medical records, photos, videos, and witness contact details. 
    • Speak with a Las Vegas premises liability lawyer as soon as possible to ensure you receive a favorable settlement.
    • If necessary, have your lawyer file a lawsuit. 

    Depending on the severity of your injuries, we understand it is not always possible to complete every one of these steps. The most crucial step is to take care of your immediate medical needs and seek treatment. After you are stabilized, you can contact our law firm for immediate assistance completing the other steps. 

    Types of Compensation Available to Hotel Pool Accident Victims

    You could be entitled to different types of hotel injury compensation when the hotel was negligent, depending on the extent of your injuries, such as:

    • Medical expenses (past and future)
    • Physical and occupational therapy expenses
    • Prescription and medical device costs
    • Lost wages and earning capacity
    • Personal property damages
    • Home modifications like installing handrails, a ramp, or making the home accessible
    • In-home nursing care
    • Pain and suffering
    • Emotional distress
    • Loss of enjoyment of life
    • Loss of consortium/companionship
    • Wrongful death compensation

    How a Premises Liability Lawyer Can Help

    Most hotels and resorts will want their insurance company to settle hotel injury claims quickly, and for the least amount possible. To this end, insurance adjusters will use various tactics to attempt to get you to admit fault, ask leading questions, or downplay the seriousness of your injuries. 

    Without help from a premises liability lawyer, you could find your settlement offer is not the actual compensation you deserve. You may also have to struggle with fighting the insurance company if they attempt to deny your insurance claim. 

    When you get help from a premises liability lawyer at our Las Vegas law firm, we ensure you receive a favorable settlement offer. We take care of all aspects of your injury claim, which can be difficult to do on your own after you return home from your vacation. 

    We assist with:

    • Conducting a detailed investigation into the accident.
    • Gathering the necessary evidence and documentation to show that the hotel was negligent for your injuries.
    • Filing a hotel personal injury claim with the insurance company with a demand for payment.
    • Negotiating with the insurance company to reach a reasonable settlement.
    • Filing all legal documents with the necessary court if a settlement cannot be reached.
    • Representing your interest in court and advocating aggressively to secure a favorable verdict.

    Contact Adam S. Kutner, Injury Attorneys, Now

    Adam S. Kutner, Injury Attorneys, is committed to ensuring our clients receive the support and personalized attention they deserve after being injured in a pool accident. Your dedicated legal team works hard to ensure you receive maximum compensation. We provide free legal advice, a free case evaluation, and free consultation, so it never costs anything to find out how best to proceed with your pool injury claim. Call us today.

    Speak to our premises liability lawyer now.

    Call (702) 382-0000 For a Free Consultation

    FAQ

    What Should I Do Immediately After a Hotel Pool Accident?

    Immediately after a hotel pool accident, seek medical care for your injuries, and inform the hotel management of the accident.

    What Is the Value of My Hotel Pool Accident Case?

    The value of your hotel pool accident case will depend on the extent and type of injuries you sustain and their financial impacts on you. When you speak to one of our premises liability lawyers, they will evaluate your case and let you know the value of your injury claim.

    How Much Does It Cost To Hire a Hotel Pool Accident Lawyer?

    At Adam S. Kutner, Injury Attorneys, we offer a free case evaluation and consultation. If you decide to retain our legal assistance, we will handle your case on a contingency basis, requiring no upfront legal retainer. Once we settle your case with the insurance company, we will take a percentage of the settlement for our legal fees. We will let you know what this percentage is during your free consultation.

    Can I Sue the Hotel Even If I Signed a Waiver?

    Even if you signed a waiver, you may still have legal grounds to sue a hotel. Waivers are not always enforceable. Additionally, in certain circumstances, when the hotel’s negligence caused your injuries, they could still be held responsible and liable for failing to provide a duty of care.

    What Evidence Do I Need To Collect?

    If it is feasible, you should collect the following evidence:
    Pictures and video of the accident scene
    Contact details for any witnesses
    Copies of your medical records
    A copy of the accident report you filed with the hotel or resort

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        Adam S. Kutner
        PERSONAL INJURY LAWYER

        With more than 34 years of experience fighting for victims of personal injury in the Las Vegas Valley, attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.