The busy Miami Music Week festival claimed at least one life this weekend when a man drowned during a pool party at the Clevelander hotel. The 40-year-old man from out of town was swimming in the hotel’s pool after drinking heavily and drowned. The hotel was hosting the Nervous Pool Party at the time.
CBSMiami reports that the drowning occurred late Sunday afternoon. The man slipped below the surface, and despite efforts by onlookers to save him and perform CPR, he died.
The station also reports that the man and his friends were believed to be drinking heavily before going in the pool.
The Nervous Pool Party 2 was headlined by superstar DJs like Oscar G, Ralph Falcon, and Junior Sanchez.
For more:Â http://blogs.miaminewtimes.com/riptide/2011/03/man_drowns_during_pool_party_a.php#
To host a pool party without lifeguard protection is foolish and, in many states, illegal. To do so while people are drinking, and perhaps using other substances, is inviting a lawsuit which is difficult, if not impossible to successfully defend against. The hospitality industry would be well served to have managerial staff partake of the training courses available concerning pool and spa safety and health issues. At the very least, they would be made aware of their legal responsibilities, and might be able to limit liabilities if due diligence could be exhibited.
To host a pool party without lifeguard protection is foolish and, in many states, illegal. To do so while people are drinking, and perhaps using other substances, is inviting a lawsuit which is difficult, if not impossible to successfully defend against. The hospitality industry would be well served to have managerial staff partake of the training courses available concerning pool and spa safety and health issues. At the very least, they would be made aware of their legal responsibilities, and might be able to limit liabilities if due diligence could be exhibited.
Thanks for the post Robert and I agree with you on all points.
However, that being said…let me play devils advocate for a second.
1. Even if they did have lifeguard coverage, the victim may not have been seen in time because of the overcrowding that normally happens at those events. Not to mention, many the patrons in the pool are also under the influence. What if they had a lifeguard and the victim still drowned? If it’s a 3rd party company providing the lifeguard, some of their contracts try to include an indemnification/hold harmless clause. This protects the life guard company but still leaves the Hotel with all the responsibility/liability.
2. Those parties are notoriously famous for over serving already drunk patrons, so who do you think would bear the responsibility?
Also, many major brands require associates to take some sort of Alcohol Awareness Training as part of their insurance requirements. When the investigation is completed and if it finds that the bartender had over served the victim, who is going to get blamed for it?
My background is Hotel Loss Prevention. We were the ones who would always have to step in and cut somebody off. It should have been the bartender, but they are tasked with making the money and all those tips. Hotels and owners that do these types of parties tend to roll the dice and take the risk…
Thanks for the post Robert and I agree with you on all points.
However, that being said…let me play devils advocate for a second.
1. Even if they did have lifeguard coverage, the victim may not have been seen in time because of the overcrowding that normally happens at those events. Not to mention, many the patrons in the pool are also under the influence. What if they had a lifeguard and the victim still drowned? If it’s a 3rd party company providing the lifeguard, some of their contracts try to include an indemnification/hold harmless clause. This protects the life guard company but still leaves the Hotel with all the responsibility/liability.
2. Those parties are notoriously famous for over serving already drunk patrons, so who do you think would bear the responsibility?
Also, many major brands require associates to take some sort of Alcohol Awareness Training as part of their insurance requirements. When the investigation is completed and if it finds that the bartender had over served the victim, who is going to get blamed for it?
My background is Hotel Loss Prevention. We were the ones who would always have to step in and cut somebody off. It should have been the bartender, but they are tasked with making the money and all those tips. Hotels and owners that do these types of parties tend to roll the dice and take the risk…
The comment seems to be about “hosting” a pool party with adults. It is not clear whether the “host” is the hotel or someone else. If there are jurisdictions that require the “host” to provide a lifeguard, the hotel should make sure the law is obeyed. Where the hotel is allowing the pool area to be used for a party hosted by others, it is important for the hotel to make sure the people hosting the party are legally responsible (through a contract) and financially responsible (though insurance) for their guests’ safety.
In many jurisdictions, a hotelier has no duty to provide a lifeguard. Merely warning that no lifeguard is on duty is enough. Once a lifeguard is provided, the duty to act reasonably to protect people in the pool area is triggered. Thus, ironically, a hotel my actually increase its exposure to liability by providing a lifeguard–particularly in situations, life adult parties, where conduct is hard to control.
The comment seems to be about “hosting” a pool party with adults. It is not clear whether the “host” is the hotel or someone else. If there are jurisdictions that require the “host” to provide a lifeguard, the hotel should make sure the law is obeyed. Where the hotel is allowing the pool area to be used for a party hosted by others, it is important for the hotel to make sure the people hosting the party are legally responsible (through a contract) and financially responsible (though insurance) for their guests’ safety.
In many jurisdictions, a hotelier has no duty to provide a lifeguard. Merely warning that no lifeguard is on duty is enough. Once a lifeguard is provided, the duty to act reasonably to protect people in the pool area is triggered. Thus, ironically, a hotel my actually increase its exposure to liability by providing a lifeguard–particularly in situations, life adult parties, where conduct is hard to control.
Note–this is a class “C” swimming pool. Consuently there is no requirement to have a lifeguard. Drinking and swiming don’t mix. About 50% of all drownings are drug and alcohol related. Most drownings are preventable and in this case involving an adult that was obviously intoxicated, I believe that the adult should be held accountable for his actions. What reasonable person would get drunk and go swimming and by this line of thought, what reasonable person after drinking would get behind a wheel and drive?
Dr. J. Fletemeyer
Note–this is a class “C” swimming pool. Consuently there is no requirement to have a lifeguard. Drinking and swiming don’t mix. About 50% of all drownings are drug and alcohol related. Most drownings are preventable and in this case involving an adult that was obviously intoxicated, I believe that the adult should be held accountable for his actions. What reasonable person would get drunk and go swimming and by this line of thought, what reasonable person after drinking would get behind a wheel and drive?
Dr. J. Fletemeyer