Fell while at hotel swiming pool

[jaker_1976]

What is the name of your state (only U.S. law)? Iowa, but accident happened in Minnesota

Two days ago, on May 3rd, 2014, my wife and 4 year old went to a Holiday Inn Express for my niece and nephew's birthday party. They picked this spot so that they could have the birthday party with a pool. My daughter was having fun in the little kiddy pool and then she wanted to go with me into the large pool. Well while carrying her into the large pool, I took a step on to one of the steps and my foot slipped out from under me. I fell, hurt my back pretty bad, and my daughter fell into the pool.

Now to give some insight on this pool. The deck flooring was extremely slippery, even when walking carefully, you could slip. The pool deck was tiles with regular bathroom floor tiles and did not have a non-slip surface. The kiddy pool and hot tub seem to be the only places that any non-slip surface (which almost felt like 30 grit sandpaper on your feet) and the regular pool had almost like walking on 200 grit sandpaper (so almost felt like nothing)

For what I have read on Minnesota state code for swimming pools, https://www.revisor.mn.gov/rules/?id=4717.3350

4717.3350 DECKS AND WALKWAYS.
A continuous deck, free from fixed obstruction, at least five feet wide, must extend completely around the pool. The deck must be sloped away from the pool to drain at a grade of one-fourth inch per lineal foot. The deck must have a nonslip, nonabsorbent surface.
A. Deck drains connected to the recirculation system or gutters are prohibited for new installations.
§B. Carpeting must not be used within ten feet of the pool unless it is outside the required deck area and separated from the deck by an effective access barrier. In deck areas where carpeting is contiguous to the deck area, water must be conveyed away from the carpeted area.
C. Wood decking is prohibited.
D. A minimum ceiling clearance of seven feet is required above pool edges and pool decks.
(1) Where diving boards are provided, ceiling clearances must comply with part 4717.3750.
(2) Greater heights must be provided as necessary to accommodate the use of slides or to comply with state building code requirements.

Now like I said, this floor was so slippery, it was almost like walking on ice. So just by this fact, this pool is not even up to code for a pool.

Now for the pool steps, https://www.revisor.mn.gov/rules/?id=4717.3250

This states:

Subp. 2. Steps. Steps leading into the pool must be of nonslip material, have a minimum tread of 12 inches, and have a maximum rise or height of ten inches.

These steps have little or no, at least not enough, non-slip material. From the pictures I took, it looks like just smooth concrete.

Well to make this long story short, because of this fall, my back is extremely bruised, I am going to the doctor today to make sure nothing else is wrong. I have never been hurt like this before and I really do not know what to do or who I should talk to. I do not know if I need someone out of Minnesota or if I can talk to someone in Iowa... I am hoping this is not going to have long term effects on me.

What I have already done, filled an accident report with the hotel, got a copy, took pictures of the area I slipped and fell along with the surrounding area of the pool. I just need to know what to do and where to go from here.

Thanks.

 

[quincy]

What is the name of your state (only U.S. law)? Iowa, but accident happened in Minnesota

Two days ago, on May 3rd, 2014, my wife and 4 year old went to a Holiday Inn Express for my niece and nephew's birthday party. They picked this spot so that they could have the birthday party with a pool. My daughter was having fun in the little kiddy pool and then she wanted to go with me into the large pool. Well while carrying her into the large pool, I took a step on to one of the steps and my foot slipped out from under me. I fell, hurt my back pretty bad, and my daughter fell into the pool.

Now to give some insight on this pool. The deck flooring was extremely slippery, even when walking carefully, you could slip. The pool deck was tiles with regular bathroom floor tiles and did not have a non-slip surface. The kiddy pool and hot tub seem to be the only places that any non-slip surface (which almost felt like 30 grit sandpaper on your feet) and the regular pool had almost like walking on 200 grit sandpaper (so almost felt like nothing)

For what I have read on Minnesota state code for swimming pools, https://www.revisor.mn.gov/rules/?id=4717.3350



Now like I said, this floor was so slippery, it was almost like walking on ice. So just by this fact, this pool is not even up to code for a pool.

Now for the pool steps, https://www.revisor.mn.gov/rules/?id=4717.3250

This states: These steps have little or no, at least not enough, non-slip material. From the pictures I took, it looks like just smooth concrete.

Well to make this long story short, because of this fall, my back is extremely bruised, I am going to the doctor today to make sure nothing else is wrong. I have never been hurt like this before and I really do not know what to do or who I should talk to. I do not know if I need someone out of Minnesota or if I can talk to someone in Iowa... I am hoping this is not going to have long term effects on me.

What I have already done, filled an accident report with the hotel, got a copy, took pictures of the area I slipped and fell along with the surrounding area of the pool. I just need to know what to do and where to go from here.

Thanks.

You can consult with an attorney in your area (or in Minnesota), for a review of the matter. It is possible the hotel can be held liable for any medical expenses you incur as a result of your fall, if they were previously aware of the problem or if the deck surface was not up to code.

You were smart to file an accident report with the hotel, take photos of the area, and seek medical attention.

I hope you discover your back is only bruised and that you recover quickly from your fall.