Going to a new pool — such as at a friend's or family members' condo or while you're staying at a hotel — is supposed to be a fun experience. Accidents can happen anywhere, though, and it's important to know what rights your family has should the unthinkable happen at a condo or hotel pool.
Premises Liability Law
In Florida, if a drowning happens at a condo or hotel pool, the liability falls on the property owner. This is due to the state's premises liability law stating that if an accident were to occur at a property that the owner of that property is responsible for compensating the victim (or their family should death occur).
At a condo, the liability most likely falls on the homeowners association (HOA). The HOA is supposed to be responsible for making the pool a safe place and take the appropriate steps to ensure that safety. That includes:
- Proper fencing around the pool area;
- Making sure all gates and locks work properly;
- Ensuring all paving and flooring is in adequate condition;
- Displaying adult supervision requirements for children; and,
- Displaying all other safety requirements outlined by Florida law.
At a hotel, the liability usually falls on the property owner as well. That's because the hotel property owner should do everything possible to prevent an incident. Property owners can ensure their pool's safety by fixing all issues the pool may have or temporarily closing the pool if the issues can't be repaired immediately.
A court can find a hotel pool owner liable if:
- the owner caused the pool hazard.
- the owner wasn't aware of the hazard but would have known about it if they'd been more diligent about their property's safety.
Compensation After a Drowning
If a loved one tragically died because of condo or hotel pool drowning, families could be compensated for the following: compensation for that death could include:
- Any additional injuries someone else may have experienced;
- Medical bills;
- Emotional damages including pain and suffering;
- Past and future lost wages: and,
- Any additional economic and non-economic damages.
Contact Grossman Roth Yaffa Cohen
You never think you'll need to call an attorney like one at Grossman Roth Yaffa Cohen, but our team is ready to help you during trying times. We offer a free case review and will be straightforward with what we think could happen with your case. Contact us today by calling (866) 629-1061.