Can I Sue a Texas Hotel if I Get Hurt in Their Pool When It’s Closed?

Can I Sue a Texas Hotel if I Get Hurt in Their Pool When It’s Closed?

We’re getting to that time of year when people like to go on vacation. With the Coronavirus, these sorts of trips are being delayed. However, the time will come when we can go back on trips and enjoy time in the hotel pool. A lot of people think that only kids enjoy hotel pools. This is not the case. If you ever go to a busy or large hotel, you’re going to notice all sorts of people out by the pool. Yes, the kids may spend more time splashing and jumping in the pool. But the adults like to go in and cool off every hour or so. And, if the hotel is the kind that has a hotel bar, people need to be really careful about swimming after they’ve had a few drinks. For this reason, it’s really important that hotel pools have lifeguards on duty at all times.

Typically, when you check into your hotel, they’ll be a list of pool rules outside. There is also a copy of these rules on your hotel room door. The hotels do this for two reasons. First, they are legally required to post the pool hours, rules and lifeguard accommodations. Second, they want to make sure their guests don’t try to swim when there is no lifeguard on duty. If they choose to do this, they’re swimming at their own risks. Hotels need to protect themselves from liability. The ways they do this is by hiring a skilled lifeguard and by limiting swimming hours to when that lifeguard is working. They’ve seen too many other hotel chains get sued for millions of dollars for drowning cases and other pool accidents. They don’t want to be added to this list. That’s why, if you or your child does get injured in a pool accident, you’ll want to call our office right away. We know the law when it comes to hotel pools and lifeguards. We also know how to get our clients the compensation they deserve.

Is a Hotel Required to Have a Lifeguard on Duty When the Pool is Closed?

The general rule is that you do need to have a lifeguard on duty in Texas if your hotel has a pool. However, the hotel only needs to provide a lifeguard if the pool is open. If someone decides to swim in their pool when it’s closed, they may not have a claim for damages. For example, if a pool closes at 6 pm, their lifeguard leaves at 6 pm. If you and your friends break into the pool at 10 pm and go swimming, you can’t then go after the hotel if you get hurt. The law is pretty clear about this. It is almost as if you’re a trespasser. Unless there is an unreasonably unsafe condition at the pool, you will have assumed the risk. Your Texas personal injury attorney won’t be able to get you money for your injuries.
There are a few exceptions to this. For example, if the hotel doesn’t have a fence around the pool, or leaves the gate open, a child could easily wander in. If they fall in the pool and drown, or hit their head, the hotel can be sued for damages. They need to make sure they secure the pool area when it is not open. Otherwise, they open themselves up to all sorts of liability.

Contact an Experienced Personal Injury Attorney in Texas

If you or your loved one get hurt while at a hotel pool, you may have a claim for damages. It really comes down to a few things. It depends on your injuries and how the accident happened. It also depends on whether or not the pool was technically open at the time you were hurt. Finally, it depends on whether the hotel or swim park was negligent at the time of your accident.

This is why it’s a good idea to call and talk to one of our experienced personal injury lawyers in Texas. They know what to look for when it comes to pool accident cases. They know how to prove negligence and they know how to prove your damages. Call today and schedule your initial consultation. You won’t pay a dime until you actually settle your case. But it lets you have someone by your side who knows how to get you the money you deserve.

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