When staying at a hotel or resort in Orlando, guests often expect a relaxing experience, complete with access to amenities like swimming pools. However, pool accidents can and do happen, leading to serious injuries. Hotel and resort owners have a legal responsibility to maintain safe environments for their guests or warn guests of any hazardous conditions.
The attorneys at Wooten, Kimbrough, Damaso & Dennis offer experienced representation handling complex premises liability cases, focusing on providing clients with compassionate, dedicated support throughout their legal journey. With an in-depth understanding of the legal process and a history of successful outcomes, our lawyers are here for you, fighting aggressively for your rights while providing the personalized care you need during challenging times.
Do You Have a Premises Liability Claim for a Pool Accident at a Hotel or Resort?
When staying at a hotel or resort, one of the amenities guests often look forward to is the pool. However, while pools can provide relaxation and fun, they also pose serious risks if proper safety measures are not in place. If you were injured in a pool accident, you may seek a premises liability claim against the property owner or management. Premises liability laws hold owners responsible for maintaining a safe environment for visitors.
To determine if you have a claim, you need to consider several key factors:
Negligence or Hazardous Conditions
If the pool area had unsafe conditions—such as poorly maintained pool decks, insufficient lifeguard presence, or lack of clear signage warning of hazards—you may have a case. Property owners are required to fix hazardous conditions that could lead to accidents or, at the very least, warn guests of potential dangers.
Duty of Care
Hotels and resorts hold a legal obligation to keep guests safe, which extends to pool areas. This duty of care involves regular pool inspections, proper cleaning, adequate pool depth markings, and making sure there are safety measures like working rescue equipment. If the property failed in this duty and it resulted in your injury, a premises liability claim could be an option.
Causation and Injury
In any personal injury claim, including premises liability, you must show that the hotel or resort’s negligence directly caused your injury. If your pool accident resulted from dangerous or defective conditions—such as a slippery surface or unguarded pool equipment—this could be grounds for a claim.
If you believe your pool accident at a hotel or resort was due to negligence, you need to gather evidence, such as photos of the scene, medical records, and witness testimonies. Consulting with an attorney at Wooten, Kimbrough, Damaso & Dennis can help determine whether you have a premises liability claim and guide you through the process of seeking compensation.
Types of Damages You May Recover in a Premises Liability Claim
If you’ve been injured due to hazardous conditions on a property such as a hotel or resort, you may seek compensation for various types of damages.
Economic damages compensate victims for tangible, measurable losses. These include the following:
- Medical Expenses: Both current and future medical losses, such as hospital stays, doctor’s visits, surgeries, physical therapy, medications, and any other necessary treatment related to injuries.
- Lost Wages: If injuries cause you to miss work, you may be entitled to compensation for lost earnings. This includes both short-term and long-term lost wages if your injury results in long-term disability or an inability to return to your previous job.
- Property Damage: In some cases, premises liability claims can involve damage to personal property, such as clothing or a mobile device that was damaged during the incident.
Non-economic damages compensate for more subjective, emotional, and intangible losses. These may include the following:
- Pain and Suffering: Losses due to the pain and emotional distress of injuries. This encompasses both the immediate pain at the time of the accident and the ongoing discomfort you may experience as you recover.
- Emotional Distress: If the incident caused anxiety, depression, or other emotional or psychological issues, you may recover damages for emotional distress.
- Loss of Enjoyment of Life: If your injury keeps you from partaking in activities or hobbies you once enjoyed, you may be entitled to compensation for this diminished quality of life.
The value of damages depends on many factors, including the severity of injuries, the impact it has had on your life, and the specific circumstances of the accident. Our legal team works to gather evidence, such as medical records, expert testimony, and documentation of lost wages, to ensure that you are fully compensated for your injuries.
Why Choose Wooten, Kimbrough, Damaso & Dennis for Your Pool Injury Case
If you’ve been injured in a pool accident at a hotel or resort, the attorneys at Wooten, Kimbrough, Damaso & Dennis can help you pursue the compensation you deserve. With decades of experience handling premises liability claims, our team is committed to ensuring that property owners are held accountable for unsafe conditions that lead to accidents. We understand the complexities of these cases and are dedicated to providing you with personalized legal representation every step of the way.
Our attorneys will guide you through the process, from gathering evidence to negotiating with insurance companies. With a proven track record of success in securing favorable outcomes for our clients, you can trust us to fight for your rights. Contact us today at (407) 843-7060 or visit our contact form to discuss your pool injury case.
Legally Written and Reviewed by a Managing Partner
Wooten, Kimbrough, Damaso & Dennis
Our content is written and reviewed by our founding attorneys Butch Wooten, Orman Kimbrough, Mike Damaso, and Tom Dennis. With over 100 years of combined courtroom experience, they’ve successfully handled thousands of personal injury cases across Florida. Whether you’re a Florida resident or an out-of-state visitor injured in Florida, we’re dedicated to providing clear and reliable information to help you navigate your legal options confidently.