---
title: "Guest Injured in Pension Pool Accident, Left Bad Review — What Should You Do?"
description: "When a pool accident leads to injury and a negative comment, how should operators respond?"
published: 2022-02-15T00:00:00+00:00
author: "ONDA 편집팀"
category: "Insights"
image: "https://zqcfqfqgiyckyhazcfrk.supabase.co/storage/v1/object/public/blog-images/webflow/6316f3f75130788ec2d762dd/65a9e12afe3981860d8b2f9c_62fdb24616325015262c1805_greg-rosenke-XdGlk9082zM-unsplash.jpeg"
canonical: https://global.onda.me/en/blog?slug=pensyeon-suyeongjang-sagoro-gogaegi-sanghaereul-ibgo-agpeuleul-namgyeosseul-ddae-daeceoneun
locale: en
---
# Guest Injured in Pension Pool Accident, Left Bad Review — What Should You Do?

### Hospitality and the Law with Attorney Song Ji-eun

#### 04. Guest Injured in Pension Pool Accident, Left Bad Review — What Should You Do?

#### **Hospitality Legal Q&A, Part 1**

##### Writer: Attorney Song Ji-eun

##### Editor: ONDA Manager Lee Chae-eun

We've launched this hospitality legal Q&A series to help property owners navigate the legal questions that come up in day-to-day operations. We've received many real-world questions from operators trying to resolve issues they've faced. Today, for our first installment, we'll cover **whether a property owner is liable when a guest is injured in a pool accident and leaves a negative review — and what you can do about it.**

Here's the actual question we received from a property operator:

**_A guest checked in at 3 PM and contacted us around 5 PM saying they'd slipped in the pool and injured their teeth. We immediately arranged hospital transport and emergency treatment. The guest checked out the same day, received treatment at the hospital, and then demanded we cover the medical costs. We agreed to pay several million won in medical expenses to settle, but then they left a defamatory comment on Naver. What should I do in a situation like this?_**

It sounds like the person asking runs a hotel or pension with a pool, and a guest had an accident in the pool.

### When a Guest Is Injured in a Pension Pool Accident

![Photo by Greg Rosenke on Unsplash](https://zqcfqfqgiyckyhazcfrk.supabase.co/storage/v1/object/public/blog-images/webflow/6316f3f75130788ec2d762dd/65a9e12afe3981860d8b2f9c_62fdb24616325015262c1805_greg-rosenke-XdGlk9082zM-unsplash.jpeg)

Depending on the depth and size of the pool, property operators have a **duty of care to install signage such as "No Diving" on pool stairs, provide safety education or guidelines to guests, and take all necessary safety measures and maintenance to prevent accidents that may occur during pool use.**

If you fail to fulfill this duty, you (and any safety staff) may be liable for **criminal negligence causing bodily harm under Article 268 of the Criminal Act.** This offense carries **imprisonment of up to 5 years or a fine of up to ₩20 million.**

In addition, **Article 758, Paragraph 1 of the Civil Act** stipulates the liability of possessors and owners of structures for damages. A "defect in the installation or maintenance of a structure" means that the structure does not have the level of safety it should ordinarily have according to its intended use.

**Civil Act, Article 758, Paragraph 1**

When damage is caused to another person due to a defect in the installation or maintenance of a structure, the possessor of the structure shall be liable for damages. However, if the possessor has not neglected the care necessary to prevent the damage, the owner shall be liable for damages.

In determining whether such safety is present, courts look at **whether the person installing or maintaining the structure fulfilled the duty of protective measures generally required by social norms, in proportion to the danger of the structure.** If the facility does not meet the standards prescribed by relevant laws and regulations, that alone typically constitutes a defect in installation or maintenance, unless there are special circumstances [(see Supreme Court Decision 2008Da61615, February 11, 2010)](https://casenote.kr/%EB%8C%80%EB%B2%95%EC%9B%90/2008%EB%8B%A461615).

![Photo by T.H. Chia on Unsplash](https://zqcfqfqgiyckyhazcfrk.supabase.co/storage/v1/object/public/blog-images/webflow/6316f3f75130788ec2d762dd/65a8b25abefb19af6c239c58_62fdb42b650085bdb3e8bff0_t-h-chia-zkOg39koe80-unsplash.jpeg)

**_So if a guest has an accident in the pool, you may be subject to criminal charges for negligence causing bodily harm, and you may also face civil liability for damages under the structure liability provisions._**

In most cases, operators carry **commercial general liability insurance** and settle with guests through the insurer. Beyond that, **taking advance safety measures, providing safety education, and implementing safety protocols can reduce the likelihood of being held liable** for negligence or civil damages.

### When a Guest Leaves a Defamatory Comment on Naver

![Photo by Pradamas Gifarry on Unsplash](https://zqcfqfqgiyckyhazcfrk.supabase.co/storage/v1/object/public/blog-images/webflow/6316f3f75130788ec2d762dd/65a8b25abefb19af6c239c5c_62fdb4a18b60e42f3b550ae8_pradamas-gifarry-889Qh5HJj4I-unsplash.jpeg)

_What about when a guest leaves a defamatory comment on Naver?_

In this case, the guest may be liable for **defamation under the Act on Promotion of Information and Communications Network Utilization and Information Protection (hereafter "Information and Communications Network Act").**

However, the comment must be made with the **intent to defame a person**, posted **publicly via an information and communications network** (in this case, Naver), and it must **reveal either true facts or false facts that harm a person's reputation.** **In other words, a comment like "the facility is dirty" doesn't constitute defamation under the Information and Communications Network Act — the comment must contain defamation of a person to qualify.**

So whether the negative comment rises to the level of criminal defamation depends on its content.

As you can see, pool accidents at pensions or hotels may seem straightforward, but if proper precautions aren't taken, operators can face both civil and criminal liability. Conversely, if a guest leaves a comment that defames a person, that may constitute defamation under the Information and Communications Network Act — so you can evaluate the content accordingly.

I hope this answer helps the person who submitted the question. We'll be back with Hospitality Q&A Part 2.

![](https://zqcfqfqgiyckyhazcfrk.supabase.co/storage/v1/object/public/blog-images/webflow/6316f3f75130788ec2d762dd/65a8b22a699945aa65d81af2_62fcb6199df690324966dd54_EC_86_A1_EC_A7_80_EC_9D_80_EB_B3_80_ED_98_B8_EC_82_AC_EC_86_8C_EA_B0_9C.png)