Tag Archives: Swimming Pools

by | August 12, 2012 · 7:05 am

Hospitality Industry Legal Risks: California Hotel Sued By Nine Guests Claiming They Contracted Meningitis From Hotel Pool; Suit Seeks Damages For Premises Liability And Negligence

“…The plaintiffs claim the hotel failed to sanitize the pool, fill it with clean water, use purification chemicals or “obtain proper certification of health & safety codes to reopen pool and water park facilities after pool closure.”

They seek medical costs, damages and punitive damages for premises liability, negligence, gross negligence, public nuisance and loss of consortium.

Nine people claim they contracted meningitis and/or other deadly diseases two years ago from a pool at the Grand Pacific Palisades Resort in Carlsbad. Lead plaintiff Gerald Green claim that during their stay in August 2010 the hotel failed to properly sanitize its family swimming pool. Plaintiff claim that hotel staff told them later that “the pool had been closed due to prior fecal or other form of contamination.”

“Plaintiffs were caused to sustain severe personal injuries, including, but not limited to symptoms of fever, headache, myalgias [muscle pain], vomiting and diarrhea, resulting in diagnoses to include meningitis and aggravated multiple sclerosis,” the complaint states.
Meningitis is a potentially fatal disease caused by inflammation of the protective membranes of the brain and spinal cord. Multiple sclerosis, which causes damage to nerves in the brain and spinal cord, is a debilitating disease with no known cure.

For more:  http://www.courthousenews.com/2012/08/06/49015.htm

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by | May 18, 2012 · 10:12 am

Hospitality Industry Legal Risks: Dept. Of Justice Extends Deadline For ADA "Pool Lifts" Requirements Until Jan 31, 2013; "Fixed Lift" Requirements Still Apply To Pools & Spas Under Construction Or Being Altered

“…the Department of Justice (DOJ) last night announced a substantial postponement of the ADA compliance date for existing pools and spas with ADA requirements for accessible entries.  The new compliance date – January 31, 2013 – is more than an additional nine months beyond the original date of March 15, 2012…”

“The extension is fair and sensible and the lodging industry supports it,” said AH&LA President/CEO Joe McInerney.

AH&LA began its efforts immediately after DOJ first announced in a guidance dated January 31, 2012 that pool lifts used to provide accessible entries into existing pools and spas must be “fixed” unless not “readily achievable,” next to the pool/spa at all times when the facilities are open, and cannot be shared between two bodies of water even if they are in the same location.  DOJ subsequently clarified that that “fixed” means attached to the pool deck in some way.  This means that “portable” lifts brought out upon request would not be acceptable, raising new concerns among members about safety risks and costs posed by “fixed” lifts.   The hospitality and business community viewed this announcement to be a significant change from the pool lift requirements issued by DOJ in its September 15, 2010 final regulations and began its intensive campaign to both reverse these substantive changes and delay the compliance date.

For more:  http://www.ahla.com/pressrelease.aspx?id=34522&hq_e=el&hq_m=1729871&hq_l=1&hq_v=e98908d08d

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by | February 9, 2012 · 1:57 am

Hospitality Industry Compliance Risks: Hotels Must Equip Pools And Spas With "Pool Lifts" To Comply With 2010 ADA Standards

The 2010 ADA Standards for pool access have significantly changed the requirements for municipal and private pools by requiring, for the first time, that they be equipped with independently useable pool lifts during all operating hours.

Since the DOJ announced its intention to require lifts in nearly all pools, the hotel industry and others have opposed or sought clarification of this provision.

In October, 2010, the American Hotel & Lodging Association sought clarification of the pool lift requirements which become mandatory on March 15, 2012. The AH&LA noted that pool lifts, particularly fixed devices, are potentially dangerous to users and children playing around pools. Moreover, they can be quite costly to most pool operators. The industry’s concerns apparently fell on deaf ears as evidenced by the DOJ’s position issued this week.

The DOJ has officially confirmed that:

  • The mandatory date for installation of pool lifts is March 15, 2012.
  • Pool lifts need to be installed at each pool during all operating times and be independently operable by disabled persons.
  • Pool lifts must be “fixed” unless the operator can prove that doing so would not be “readily achievable” as defined in the ADA, in which event, a portable lift meeting all of the ADA Guidelines could be deployed.
  • Accessible lifts cannot be shared between a pool and a spa, each would seem to require a separate device.
  • Pool lifts must be properly maintained and in good repair, with any battery components charged for use.
  • Staff must be trained in the use and safety of pool lifts.

For more:  http://hotellaw.jmbm.com/2012/02/doj_flash_on_pool_lifts.html

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by | February 6, 2012 · 8:23 am

Hospitality Industry Health Risks: South Carolina Hotel's Swimming Pool Heater May Have Been Leaking Carbon Monoxide For Weeks Prior To Guest's Death

Investigators say the hotel’s swimming pool heater leaked carbon monoxide sometime during the night, killing Moran and injuring at least 17 others. Carbon monoxide readings at the hotel reached 500 and 600 parts per million, South Charleston Fire Chief Greg Petry said. Authorities say any reading over 30 parts per million is cause for concern.

“…(a guest)… speculated that his death was caused by the swimming pool before investigators confirmed that carbon monoxide leaked from the pool’s heater…”

Staff members at the Holiday Inn Express in South Charleston were aware of a problem with their swimming pool 10 days before an apparent carbon monoxide leak from the pool’s heater killed one and injured several others Tuesday, two Randolph County women said this week.

Lori Burnside, 40, of Montrose, and Danielle Mallow, 38, of Elkins, stayed at the Corridor G hotel with their two daughters on Jan. 21, but said they did not get any sleep because the hotel’s fire alarms kept them awake during the night.

The alarms were blamed on a problem with the indoor swimming pool, they said, which had to be constantly ventilated by the hotel staff.

For more:  http://wvgazette.com/News/201202040030?page=2&build=cache

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by | January 14, 2012 · 2:10 am

Hospitality Industry Property Risks: Chicago Hotel Pool Remains Closed Due To Failure To Comply With Federal Law Requiring Drains To Be Fitted With Large Covers And Backup Systems

“…The law requires drains to be fitted with larger covers and backup systems. It affects all public pools and spas, including those at apartment and condo complexes, hotels and health clubs…Since the law went into effect, the commission first removed the backup requirement, then reinstated it, bowing to pressure from the industry and then to safety advocates…”

Sunlight still bathes the mosaic tile, terra-cotta fountain and potted palms at the Hotel InterContinental’s iconic indoor pool. But no bathers ripple the water. Stuck in regulatory purgatory, the pool has been closed since October.

The junior Olympic-sized pool is one of the better-known in the city and once drew famous visitors like “Tarzan” star Johnny Weissmuller. Now, it’s among nearly 300 public pools across Illinois still listed as noncompliant with federal regulations designed to reduce the risk of swimmers being sucked into drains and drowning.

Hotel officials say their pool will reopen soon. And many of the other facilities are outdoors and would be closed in winter, anyway. But with so many affected sites, expensive fixes and delays in getting state approval, some pool operators wonder if they’ll be ready come spring.

For more: http://www.chicagotribune.com/news/local/ct-met-pool-drains-update-20120115,0,7498748.story

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by | January 1, 2012 · 8:25 am

Hospitality Industry Property Risks: Wisconsin Hotel Guests Hospitalized From "Carbon Monoxide Leak" As Swimming Pool Heating System Malfunctions

“…carbon monoxide levels of 800 parts per million were detected in the swimming pool area and 957 parts per million in a mechanical room where a heating system apparently malfunctioned, causing the leak…”

“…Levels of 9 parts per million usually will prompt officials to evacuate a building…”

As many as 16 people at a hotel near Lambeau Field were hospitalized Friday night after becoming ill from an apparent carbon monoxide leak, officials said. Battalion Chief Ed Jarosz of the Green Bay Fire Department said at least two of the victims were children who became ill in the swimming pool area at the Hilton Garden Inn, 1015 Lombardi Ave.

Two children were transported by ambulance, and 14 others were taken to a hospital by private vehicles, Jarosz said.

Children had been playing in the swimming pool area about 45 minutes before they began feeling sick, he said.

For more:  http://www.greenbaypressgazette.com/article/20120101/GPG0101/201010565/Carbon-monoxide-leak-at-Hilton-Garden-Inn-in-Green-Bay-sends-16-to-hospital

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by | December 10, 2011 · 8:18 am

Hospitality Industry Pool Risks: Hotel Pools And Spas Are Not Considered Safe If "Drain Covers Are Broken, Missing Or Cracked" (Video)

[youtube=http://www.youtube.com/watch?v=oRLG0iICT4w]

 

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by | December 8, 2011 · 6:54 am

Hospitality Industry Swimming Pool Risks: Hawaii Hotel Owner Must Face Trial Over "Near Drowning And Incapacitation" Of Woman

“Under Hawai’i law, a landowner has a duty to use reasonable care for the safety of all persons reasonably anticipated to be on the premises….Further, Hawai’i courts recognize that a hotel has a ‘special relationship’ with its guests […] to protect the latter against unreasonable risk of physical harm.”

     “…Court precedent found in 2010 with Robbins v. Marriott Hotel Services establishes that hotels may have to take extra steps to warn guests about “an open and obvious danger.”

 Royal Lahaina did not have an on-duty lifeguard, only a sign that said, “Warning: No Lifeguard on Duty,” according to the complaint.

A California travel agency must face a trial to determine whether it is liable for the near drowning of a woman who used a hotel pool despite a sign that alerted guests there was no lifeguard on duty, a federal judge ruled.

Song Meyong Hee is now “incapacitated” and “a vegetable,” after sinking in a Royal Lahaina Resort swimming pool and suffering severe hypoxia, according to the complaint filed by Song’s husband and children.

For more:  http://www.courthousenews.com/2011/12/06/42001.htm

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by | December 4, 2011 · 11:17 am

Hospitality Industry Pool Risks: Florida Hotel Employees Hospitalized After Exposure To "Hazardous Chemicals"

Two Orlando hotel employees have been taken to the hospital after being exposed to pool cleaning chemicals that were incorrectly mixed.

Orange County Fire Rescue officials said two employees at the Vistana Villages Resort moved the chemical container to a safe area away from hotel guests on Saturday. But officials said the employees were injured in the process

Firefighters wore special hazardous material protective gear as they spent more than two hours cleaning up the chemicals.

No hotel guests were injured. Fire rescue resources were also sent to help the hospital to make sure the patients were properly decontaminated so they didn’t expose other patients.

Read more: http://www.miamiherald.com/2011/12/04/2531128/fla-hotel-workers-exposed-to-pool.html#ixzz1fatfwCeQ

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by | November 29, 2011 · 10:12 am

Hospitality Industry Pool Risks: 7-Year Old Boy Saved From Drowning At A "Crowded" Missouri Hotel Pool; Water Was "Cloudy" And Obscured Most Guests From Seeing Body Floating Near Bottom Of Pool

“…The water was a bit cloudy; he could make out a figure — pool artwork, he thought — that looked like it had six limbs. He didn’t realize it at the time, but what he saw was the near-drowning victim, laying on a black line on the pool’s bottom…”

“…The child’s father, who had been watching over two younger children, rushed over and started frantically administering CPR while Garry Pate made sure the boy’s head was turned to the side as fluids gushed forth from the boy…”

Justice was recently recognized by DeKalb County CEO Burrell Ellis, the Board of Commissioners and others for his bravery over the summer in getting the 7-year-old out of a hotel pool in Bridgeton, Missouri, near St. Louis. Justice has received medals, police patches, and commendations from DeKalb and Bridgeton.

When Justice arrived at the pool — crowded due to a birthday celebration — he found his brother Makenzie just dangling his feet in the water and his brother Maxwell sitting with his father, Garry Pate, who was in a lounge chair watching a nine-year-old cousin play in the three-feet area of the pool.

Justice got in the water and started practicing for a pool game when he saw “a big, grayish object” – a child slowly floating near the bottom of the pool.

Justice knew something was wrong. He came out of the water and went over to his father. Dad, there’s a boy on the bottom of the pool, Justice told him.

That’s a drawing or painting at the bottom, Garry Pate said. But before he could say another word, his son had left his side.

“Justice didn’t even look at me,” Garry Pate recalled. “He jumped in.”

Pushing off the wall with his legs to gain speed, Justice quickly swam down to the child. He grabbed him, pulled him up, swam to the surface and held the child up over the water.

“Call 911!” Garry Pate shouted. Nervously, a niece did, helped by other relatives in getting the right address to the dispatcher.

Justice got the child to the wall where his father was standing, and Garry Pate helped get the victim to the pool deck.

Some people on the pool deck stood frozen among the commotion.

The child’s father, who had been watching over two younger children, rushed over and started frantically administering CPR while Garry Pate made sure the boy’s head was turned to the side as fluids gushed forth from the boy.

For more:  http://stonemountain.patch.com/articles/a-hero-among-us-stone-mountain-12-year-old-saved-child-from-drowning

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