Case Type: Recreational Activity/Pool Drowning
Settlement: $ 850,000
Facts of the Case
We represented the family of a teenager from Detroit who traveled with his church group to the Atlanta area for weekend trip. While at the hotel, our client and another young man drowned in the swimming pool while unattended by the group leaders. There was also no lifeguard on duty and the pool lacked required safety features, like life preservers, a safety pole, and a pool side emergency telephone.
Types of Injuries and Harm Suffered
Damages were claimed under the Michigan Wrongful Death Act which provided compensation for the pain and suffering from the time of incident until death, as well as for the loss of society and companionship for the surviving family members.
Legal Issues in the Case
- Was the hotel liable for the drownings?
- Did dangerous conditions exist in the pool and at poolside?
- Did the hotel violate local laws and ordinances?
- Were the guests comparatively negligent?
What We Did to Win the Settlement
We filed a lawsuit in the Wayne County Circuit Court in Detroit, Michigan against the hotel chain and the church for failing to properly supervise the young men on the trip. We travelled to Georgia to take the depositions of the hotel employees, medical examiner, and investigating police officers.
Our attorneys also hired private investigations and swimming pool expert witnesses to prove the hotel was negligent in the maintenance of the pool. We attended mediation and agreed to settle the case for $ 850,000 against both the hotel and the church, through its insurance policy. The settlement was then approved by the circuit court judge and probate court judge.
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