Does a hotel have any special obligation to protect guests around the swimming pool?
Because swimming pools create a potentially dangerous situation, hotels must be especially vigilant in designing, maintaining and controlling access to them. Disclaimers such as “swim at your own risk” are unlikely to protect a hotel from liability if it didn’t use sufficient care to protect its guests, such as failing to install a fence around a pool. This is true even if you are drunk. Most courts require hotels to anticipate that children, inebriated guests and others might find their ways into the pool if safeguards don’t keep them out.
