Handling Cases Nationwide
Couples and families travel long distances and pay expensive resort rates as a means of getting away from the stress of everyday life. Few expect to travel to a resort only to experience even greater stress and trauma as a result of a drowning or near-drowning incident. But drownings, near-drownings, and other injuries can and do occur at resorts regardless of the amount of money a family paid to stay at the resort.
A resort, like any other business, needs to maximize its profits and minimize its expenses and losses in order to be successful. After a resort pool accident, the resort may offer to settle your case quickly for a small sum of money. By doing so, the resort hopes to avoid costly litigation and having to pay a potentially large compensation award. Before you accept a resort’s settlement offer, however, contact Zinda Law Group to discuss your legal rights and responsibilities.
How Can a Resort Be Negligent in a Pool Accident?
Resorts, like other people and businesses, can act negligently when their employees and managers take actions that are unreasonable or careless under the circumstances. If a reasonably careful and prudent resort employee or manager would not have taken a particular action under the circumstances that led to your injury, then that employee or manager may be found to have been negligent and be held responsible for your injuries. Under a legal doctrine known as respondeat superior, the resort itself as the employer may also be held responsible for your injuries since it employed the negligent party.
Determining who is responsible for causing your resort pool injuries is no easy task. There are a number of witnesses who will likely need to be consulted, including eyewitnesses who observed your injuries and expert witnesses who analyze data pertaining to your injuries. Your resort pool accident attorney will also want to:
- Examine the resort’s pool to determine if adequate fencing and gates are present;
- Review the pool’s maintenance records to determine if adequate maintenance was being performed on the pool;
- Read the resort’s own employee training manuals and operating procedures to see how resort employees were being trained, whether this training was adequate to ensure safety, and whether the employee responsible for your accident was following company policies;
- Determine what local, state, and federal laws and regulations apply to this resort and whether the resort was being operated in compliance with these; and
- Assemble evidence of the extent of your injury and loss by collecting medical records and bills, invoices, and other objective evidence of your injuries.
This evidence and testimony will help a judge or jury see how your accident occurred and who played a role in causing your accident. Those responsible may include:
- Resort employees and managers;
- The pool’s construction company or maintenance company;
- The manufacturer of a pool part or pool chemical; and
- Other resort guests.
Zinda Law Group is Available to Assist You Now
Many injury victims feel alone immediately after a resort accident and do not know where to turn. Zinda Law Group’s team of experienced resort pool accident attorneys are here to help you every step of the way after your accident. We will evaluate the facts and circumstances of your case and help you understand the strengths and weaknesses of your resort pool accident lawsuit. If the resort offers you and your family a settlement, we can review the terms of the settlement, help you decide whether a settlement is in your best interest, and advise you of your options if you choose not to accept the settlement. Do not delay: contact Zinda Law Group today at 800-863-5312.