If a pool at a hotel or health club has no lifeguard on duty, is the owner liable for swimming accidents?
Tough call. It is likely that the hotel, motel, health spa, or tennis club posted notices reading "No lifeguard is on duty" and "Swim at your own risk." The court might reason that a swimmer knew of the potential risks when swimming without a lifeguard, but decided to do it anyway and would weigh this risk factor with the precautions the owner or operator took to safeguard the guests in determining liability.
If you wonder whether you have a good lawsuit, ask an attorney for a free opinion or contact an experienced personal injury lawyer near you.
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