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JenC76

Hotel ipool injury

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Swimming pools are usually one of the key features of a hotel that the guests, especially those with children, really look for. However most hotel pool and spas have no lifeguard on duty and generally post a highly visible sign that warns all guest that they are “Swimming at Own Risk!” You are the owner/operator of a franchise hotel under the Marriott brand. You have a guest who was in the pool area with his family, experiences a cramp and begins to drown. His family members finally pull him from the pool with the help of other guests in the area. He was unconscious for over 10 minutes and as a result has medical complications that make him unable to work anymore. When the accident was investigated, it was noted that the emergency phone by the pool was not working which delay getting EMT help. There was no hook pole in the area when it should have been, because the maintenance man removed it earlier due to the fact he had seen several children of the guest using as a play object and trying to grab other children in the pool with it. Therefore he removed in in the concerns of them injuring themselves or others.

 

  1. What possible types of Negligence might the hotel be dealing with in this case?
  1. Does the hotel have any valid defense arguments such as the warning sign being posted?
  1. What possible claims would the family have?

 

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It is obvious that this hypothetical and questions are homework or something of that ilk.  Rather than posting as you did -- which basically asks us to do your homework for you -- you would be better off by telling us what you think the answers are and asking for feedback.

 

 

Swimming pools are usually one of the key features of a hotel that the guests, especially those with children, really look for.

 

That's quite a generalization -- one with which I don't agree.

 

 

 

You have a guest who was in the pool area with his family, experiences a cramp and begins to drown. His family members finally pull him from the pool with the help of other guests in the area. He was unconscious for over 10 minutes

 

You've omitted some of the most relevant facts.  How long after going into distress was the guest removed from the pool?  Why would a mere cramp cause a person to "begin[] to drown"?

 

 

 

There was no hook pole in the area when it should have been. . . .

 

So what?  Are you suggesting that the presence of such a pole would have prevented or minimized the injuries?  Keep in mind that most hotel pools in the U.S. are no more than 4 feet deep.

 

 

 

What possible types of Negligence might the hotel be dealing with in this case?

 

What do you mean by "types of negligence"?  What do you think the answer is?

 

 

 

Does the hotel have any valid defense arguments such as the warning sign being posted?

 

A "hotel" is not an entity that can sue or be sued, so the answer is none.  In your hypothetical, you wrote that "You are the owner/operator of a franchise hotel."  While it's not clear who "you" is, was it your intent to ask about defenses that the hypothetical owner of the hotel might have?  What do you think the answer is?

 

 

 

What possible claims would the family have?

 

A "family" also is not an entity that can sue or be sued.  In any event, I will tell you that, unless we assume additional facts, no member of the guest's family will have a viable claim.

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