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Are Hotels Responsible for Child Swimming Accidents?

June 11, 2018 | Category: Child Injuries | Share

It is tragic, but it happens. You and your children are enjoying a fun time at a hotel swimming pool, and the unexpected happens. A child is seriously injured just having a good time and playing. 

Are Hotels Responsible for Child Swimming Accidents - Spivey LawMany hotels have a full list of fun amenities for their guests which include swimming pools, lazy rivers and other water attractions. However, when a hotel does not protect swimmers and guests by following safety protocols and/or legal requirements, the results can be catastrophic. 

One such accident recently happened in Myrtle Beach, South Carolina. The police reported that a 12-year-old boy was rescued after being trapped underwater in a resort hotel pool for 9 minutes. A video shows the boy and his friend swimming around the lazy river at the resort. Allegedly, the pre-teens removed a metal grate on the floor to retrieve a missing object. The boy’s leg became stuck. His friend and some adults tried to get him out, but were unsuccessful. Emergency crews were able to finally pull the boy out of the pool after about nine minutes. Police credit a hotel guest for saving the boy's life. The guest performed underwater mouth-to-mouth breathing the entire time, according to ABC13 news

Swimming pool drowning statistics 

Swimming pool drowning is a leading cause of death to all children under the age of 14. For every child of any age who dies from a swimming pool drowning, five more are treated for non-fatal submersion injuries. These non-fatal drowning injuries can cause severe brain damage that could result in long-term disabilities, according to the Centers for Disease Control and Prevention (CDC). 

How common are hotel pool drowning accidents? 

Hotel pool accidents and drowning incidences are surprisingly common, since most hotels do not have lifeguards posted around the pool watching for the safety of pool patrons. Although many individuals drown, or nearly drown, in private establishments, about 24 percent of all drowning accidents occur on public property, such as hotels and spas, according to data collected by the Consumer Product Safety Commission (CPSC). Between 2008 and 2010, nearly 100 children between the ages of 0 and 14 drowned in a public pool. Between 2010 and 2012, over 1,500 individuals were treated for public pool-related emergencies in the United States.  

Can a hotel be held liable? 

Hotels have a general duty to exercise "reasonable care" for the safety and security of their guests. Premises liability rules cover a hotel’s responsibility. A hotel must maintain all areas, including pools, in a reasonably safe condition and warn of possible dangers that may not be obvious to the average person. Hotels may be held liable if their pool areas fail to comply with safety laws and requirements, including having appropriate safety equipment available and keeping drains, ladders, diving boards and other parts in safe working order. 

The maintenance of a property owner’s premises is his or her responsibility. He or she must keep it safe. When the owner does not do this and injuries occur because of a hazardous condition, the lack of security or a neglect of maintenance, the property owner may be held liable. 

“When you or a loved one suffers an injury because of a hazardous condition, lack of security or neglected maintenance on a premises, contact our experienced legal team to assist you,” said Fort Myers Child Injuries Attorney, Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.



Fort Myers Child Injury Lawyer, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to  Visit for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, Charlotte County at 941.764.7748 and in Collier County 239.793.7748.


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