Is a hotel liable for accident that occurs at its pool?

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Is a hotel liable for accident that occurs at its pool?

Asked on July 23, 2014 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It depends on the circumstances, but often not: a property owner or business is not liable simply because an accident occured on its property. Rather, there must be fault. So if the accident occured because the pool was somehow unsafe (e.g. had a faulty ladder that broke as someone climbed out, so that they fell), or because lifeguards were on duty but were careless and not present when they should have been or not paying attention, the hotel may be liable.

On the other hand, if there was no problem with the pool, and if either any lifeguards were doing everything normally expected and reasonable, or if it was a "no lifeguard on duty; swim at own risk" situation, then there would typically be no liability, since there was no fault. And if the accident occured because guests did anything dangerous, then those guests, not the hotel, would often be the at-fault or liable parties.


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