Vacation is always a fun, relaxing time with fewer responsibilities and exciting things to see or do. However, when you are injured while staying in a hotel, your vacation can become far less relaxing. Even if you are traveling on business, a slip and fall in a hotel can cause serious injury, keeping you from meetings you need to attend or conference workshops designed to provide you with insight into your industry.
If the slip and fall was due to negligence of a hotel employee, you may be eligible for a personal injury claim.
Proving Negligence
The first step in holding a hotel legally responsible for your injury is to prove that the hotel or one of its employees was somehow negligent. In order to demonstrate negligence, the hotel must have breached its duty to keep you safe from harm and that it was this breach that caused the injury.
Under premises liability laws, a hotel guest is considered an invitee at a hotel, which means they are provided a high amount of protection.
Hotel Duties to Protect Guests
A hotel must be maintained in a safe condition and must be inspected regularly. A hotel is required to quickly rectify a dangerous condition in order to protect guests, even if the situation is as simple as a spilled bottle of water or leaking pipe.
If the hotel does not protect guests from slipping on the water, they may be liable for any damages. Some of the things a hotel must do to protect guests include:
- Maintain adequate lighting
- Keep steps dry and unobstructed
- Control insect infestations
- Install and maintain proper security to prevent thefts or assaults
- Use care in hiring employees
- Maintain stairs and elevators
- Confirm that locks on doors are working properly
Renovation and remodeling may also cause a hotel to be liable for guest injury, especially if there are no warning signs or the location of a hallway or staircase makes it difficult for a guest to exit safely.
Hotel Breach of Duties
If the hotel fails to properly maintain the property or if they neglect to conduct regular inspections, they have breached their duty to the hotel guests. In addition, hotels who fail to warn of dangerous conditions or does not take steps to eliminate a problem, such as failing to treat a bed bug infestation, the hotel has breached its duty to protect guests.
If any of these breaches cause you injury, the hotel may be held liable.
Cause of Guest Injury
The final step to proving that a hotel is responsible for your injury is that the breach of duty was responsible for that injury. Slipping on a puddle of water in a hallway and breaking your arm can be directly attributed to a breach of duty. However, if you slip on water spilled in your own room, the hotel may not be responsible as your actions were attributable to the injury. If the water in your room was caused by a faulty pipe in the bathroom, however, you may have a case against the hotel.
If you or a loved one have been injured while staying at a hotel, you may be eligible for a personal injury claim against the hotel if it can be proved that the hotel was negligent and that their negligence caused your injury. Arrange for your initial consultation by calling 1-800-Lundy Law or complete the simple query form online to learn what rights you may have.
