Hotel Pool Safety Legal Risks: Hotel Owners Must “Go Above And Beyond” Pool Safety Standards To Avoid “Negligence Per Se” Lawsuits

“…In a Negligence Per Se case, once the plaintiff demonstrates the defendant failed to comply with an applicable statute, it creates a presumption that the duty was breached.”

“…compliance with…statutory requirements alone may not be sufficient to ward off a lawsuit in the event of a swimming pool-related injury because the Swimming Pool Industry Standards recommend safety precautions that go above and beyond the statutory requirements of the building and/or health codes…”

 For example, depending on the size and configuration of the pool(s), the building and/or health codes of most jurisdictions typically require that, at a minimum, the water depth be indicated by signs that are mounted in the pool deck at specified intervals and on the vertical wall in the tile line. Additionally, if there is no lifeguard on duty, then most jurisdictions require a sign advising swimmers of that fact.

For more:   http://findarticles.com/p/articles/mi_m3072/is_15_224/ai_n48840673/

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