Tragedy struck at a Hyatt Regency hotel in San Francisco, amidst a holiday spirit and festive photographs. A mother, along with her daughter and nanny, were taking pictures of the holiday decorations at the hotel when her 18-month old son apparently fell into a pool of water in a fountain, unnoticed, according to the San Francisco Examiner.
The hotel’s Christmas tree is positioned near the multi-level fountain, which had about 2.5 feet of water in its lower trough where the child was found, lifeless. Emergency crews resuscitated him but he later died from the injuries sustained in the accident, reports the Examiner. The family was not staying at the hotel, but passing through to admire the holiday decorations, while escaping the rain outside.
The hotel has since put up three-foot-high barriers around the fountain, according to the San Francisco Chronicle.
When there’s trouble in paradise, what are resort and recreation property owners liable for? Property owners have a duty to keep the premises in a reasonably safe condition and to protect the invitee from dangers of which the owner is or should be aware, or which it might reasonably foresee.
ResortTorts can encompass a vast array of types of cases but they all have one thing in common: tourists, business travelers and locals alike are all exposed to risk while traveling, vacationing or engaging in resort or pleasure activities. Tourists by their very nature are less attentive to dangers because they are in a strange place and are focused on enjoying the surroundings. Often there are higher duties owed to tourists because of their lack of familiarity and awareness of risks that would be otherwise known to the proprietors of certain businesses.
Resort Torts are cases of civil liability for negligent or criminal acts that arise out of a resort, vacation or recreational setting. Hazards can include premises liability such as trip and falls, violent crime/negligent security, defective premises design or layout, defective products, transportation negligence (plane crashes, car crashes, boating mishaps), medical malpractice provided by an innkeeper or cruise ship and many other types of dangers.