Holding Casinos Accountable for Near-Drowning Claims

One of the most popular things to do when visiting Las Vegas is hanging out at the hotel pool. With warm weather most of the year, pools in Las Vegas are typically open from April through October. But, when you combine sun, water, and things like long nights and alcohol, lounging at the pool presents some dangers.

The last thing you want to think about while on vacation is getting hurt. But injuries do happen at hotel pools. From slipping and falling to drowning, it’s not an uncommon thing. At a minimum, an injury may ruin your day at the pool. In more serious instances, it may leave you with large medical bills or, as we’ve seen, coping with the loss of a loved one. It’s natural to want to know who is responsible for things like medical bills if an injury occurs at a hotel pool. In order to recover money from a hotel, you would have to prove that the hotel was negligent and that negligence caused your injuries.

What are long term effects of near-drownings and other pool accidents?

Near drownings can have significant long-term health effects on individuals, even if they survive the initial incident. These effects can vary depending on the severity of the near-drowning and how quickly the individual received medical attention.

Here are some of the potential long-term health effects associated with near drownings:

• Respiratory problems. Near-drownings often involve the aspiration of water into the lungs, which can lead to a condition known as secondary drowning or dry drowning. In the long term, this can result in chronic respiratory issues, such as asthma, recurrent pneumonia, or lung infections. Individuals may experience persistent coughing, wheezing, and shortness of breath.
• Neurological complications. Lack of oxygen to the brain during a near-drowning can cause long-term neurological damage. Individuals may suffer from memory problems, difficulty concentrating, mood swings, and in severe cases, cognitive impairments, and even permanent brain damage.
• Post-traumatic stress disorder (PTSD). Near-drownings can be extremely traumatic events, and survivors may develop PTSD. This condition can lead to flashbacks, nightmares, anxiety, and avoidance behaviors. PTSD can profoundly impact an individual’s mental health and overall quality of life.
• Physical disabilities. In some cases, near-drowning survivors may sustain physical injuries during the incident, such as head or spinal injuries (perhaps caused by diving into the shallow end of the pool, or slipping and hitting their head). These injuries can lead to long-term disabilities, affecting mobility and daily functioning.
• Infections. Water inhaled during a near-drowning may contain harmful bacteria, viruses, or parasites, leading to infections. These infections can affect various organs and systems in the body and may have long-term consequences if not promptly treated.
• Vocal cord dysfunction. Near-drownings can sometimes lead to vocal cord dysfunction, which can result in chronic coughing, throat discomfort, and difficulty speaking or swallowing.
• Swallowing and eating difficulties. Inhaling water during a near-drowning can damage the throat and esophagus, leading to long-term difficulties with swallowing and eating. This can lead to nutritional deficiencies and a reduced quality of life.
• Cardiovascular issues. Prolonged lack of oxygen during a near-drowning can have lasting effects on the cardiovascular system. Survivors may be at an increased risk of heart problems, including arrhythmias and hypertension, in the long term.

It’s important to note that the severity and extent of these long-term health effects can vary widely among individuals and may depend on factors such as the duration of submersion, the age and overall health of the person, and the effectiveness of immediate medical intervention.

Given the potential for serious long-term health consequences, individuals who have experienced a near-drowning should seek thorough medical evaluation and ongoing care. Rehabilitation, physical therapy, and counseling may be necessary to address both physical and psychological challenges. Legal avenues may be pursued if the near-drowning occurred due to negligence on the part of the casino or lifeguard.

Who is liable for my injuries if I am injured at a casino pool in Las Vegas?

Casino injury claims can be quite complex, and liability may belong to different parties based on the circumstances surrounding the near-drowning.

Inadequate supervision is a critical aspect. If the casino fails to provide appropriate lifeguard supervision or safety measures in the pool area, the casino could be held liable. This includes having a sufficient number of trained lifeguards on duty, proper signage about pool rules and hazards, and maintaining clear visibility in the pool area. It also means keeping the pool deck clear of debris and obstacles, locking gates and fences when there are no lifeguards on duty, and adhering to local and state regulations related to pool safety and maintenance. Failure to comply with these regulations can be used as evidence of negligence in a near-drowning case.

Another significant factor is negligence in maintenance. Casinos bear the responsibility of maintaining their facilities in a safe condition. If a near-drowning incident is caused by a pool’s poor maintenance, such as broken equipment, slippery surfaces, or malfunctioning pool drains, the casino may be liable for negligence. Additionally, failure to warn patrons of hazards is a crucial consideration. Casinos should inform their guests of any known dangers within the premises. If there are hidden dangers in or around the water, such as sudden depth changes or hidden obstacles, and the casino neglects to provide adequate warnings, they could be held liable for resulting injuries.

Why you want a Las Vegas injury lawyer on your side

Casinos rarely accept fault in pool cases. The assumption of risk is a potential defense that casinos may employ. They may argue that patrons assumed the risk of using the pool area and should thus bear some responsibility for their actions. However, this defense may not hold if the casino was grossly negligent or failed to meet safety standards. Courts may also consider Nevada’s comparative negligence laws, evaluating whether the injured party contributed to their own near-drowning through negligent actions. If the injured party’s actions were a significant factor in the incident, it could impact the casino’s liability.

Cases involving the liability of casinos for near drownings require a meticulous examination of factors such as supervision, maintenance, warnings, safety measures, regulatory compliance, and the actions of both the injured party and the casino. Each case is unique, and liability can vary accordingly. If you or someone you know has experienced a near-drowning incident at a casino, consult with an experienced Las Vegas personal injury attorney from Claggett & Sykes; we can help you determine what your best options are moving forward.

If you and your family are suffering due to a near-drowning or other pool accident injury at a casino pool, and you believe that the injury was caused by the negligence of the casino, then you should contact Claggett & Sykes Law Firm. We will make you our number one priority. We have represented countless clients in casino pool accident cases, and we have the results to prove it.

If you believe you have a case, contact us by calling us or using our contact form to schedule your free consultation. We have offices in both Reno and Las Vegas. Let us help you.