An overnight stay at a hotel or resort should be enjoyable. You should arrive at a well-maintained hotel free of safety risks. You should expect that the kitchen follows all safety and food preparation guidelines. If you and your guests engage in any activities, they should be safe and hazard-free.
Many hotels provide guests with an enjoyable and safe experience. However, slippery surfaces, faulty hot tubs, or other dangerous conditions can result in injury. When negligence causes injury, it is possible to sue a hotel.
Hotel workers are also at an especially high risk of injury. While this rate was much higher in the 1980s, hotel workers still suffer higher rates of injury than when compared to other careers [1].
If you or one of your guests was injured at a hotel, you may be eligible for compensation. Rosenfeld Injury Lawyers help injury victims collect the funds they need for recovery following a hotel accident.
Common Injuries Sustained in Hotel Accidents
The severity of hotel accident injuries depends on the type and details of the accident. However, common injuries and accidents in a hotel setting include the following:
- Fractured or broken bones
- Back or neck injury
- Traumatic brain injury (TBI)
- Chemical burns
- Gastrointestinal injury
- Strain or sprain
- Bruising or bleeding
What Causes Hotel Accidents
A hotel accident can arise from various causes, including the following:
- Slip and fall accidents – Hotel guests may slip and fall on broken floorboards and improperly installed carpets. A trip and fall could also happen near hotel amenities, like the pool or laundry room.
- Swimming pool drowning – Hotels without proper safety signage or lifeguards on duty may lead to guest drowning incidents.
- Chemical burns – Improperly maintained cooking equipment or open flames can lead to guest burns.
- Food poisoning – Kitchen staff who don’t follow proper food handling protocols may cause food poisoning outbreaks.
- Guest assault – A lack of security cameras or inadequate security may lead to guests being assaulted on the property.
- Elevator or escalator accident – Failing to maintain or repair lifts or escalators could lead to elevator accidents.
- Resort activity injury – Most hotels have on-site guest amenities, like fitness centers or day spas. A lack of safe environments could lead to guest injury.
- Falling from high heights – Defective handrails or faulty elevators could put the hotel’s property owner at risk of a premises liability case.
- Broken or defective furniture – Defective or faulty furniture or appliances could lead to guests becoming injured and would fall under a product liability claim.
- Inclement weather – For example, hurricanes, tropical storms, or extreme heat could lead to guest injury if the hotel doesn’t take the necessary safety precautions.
Both hotel guests and employees face risks of injury, but hotel workers are particularly vulnerable. Research shows that housekeeping staff experience the highest injury rates in hotels, with nearly 8% of workers affected [2].
According to the Bureau of Labor Statistics (BLS), the hospitality and leisure industries report an average of 2.4 injuries per year [3], with strains and slip-and-fall accidents being the most common types [4]. Employees injured while working at a hotel or resort may be entitled to benefits under their state’s workers’ compensation laws.
Can I File a Premises Liability or Personal Injury Claim Against a Hotel?
Yes, when a hotel injury occurs, you may be eligible to file a premises liability or personal injury claim against the hotel. Hotels are expected to create a reasonably safe environment for guests. The property owner or management staff may be held liable when they fail to do so, which leads to serious injury.
Other parties may be responsible when hotel injury occurs. For example, product manufacturers could be responsible if defective or faulty equipment causes injury. An outsourced security team that offers inadequate security to guests could be responsible for an injury.
Ride operators, kitchen managers, or repair professionals could also be liable in a hotel accident case. A hotel injury lawyer can help investigate your case, get to the bottom of what happened, and file the premises liability or class action lawsuit against the correct party.
What to Do If You’ve Been Injured in a Hotel Accident
No one ever expects to be involved in a hotel accident, so it can be difficult to keep a clear head and take certain reasonable steps immediately afterward. If you ever find yourself navigating a hotel injury, take the following steps.
Report the Accident
Report the accident as quickly as possible. Notify the front desk that you or a person accompanying you has been in an accident, and create an official accident report.
Get Medical Attention
Seek immediate medical attention after a hotel injury. If the injury is severe, request that hotel staff call for emergency assistance. For less urgent injuries, notify hotel staff and visit a nearby hospital or clinic for treatment.
Contact a Hotel Accident Lawyer
Hiring an attorney can be valuable to your case in many ways. If you plan to sue a hotel for injury, you’ll want the best legal representation to ensure you receive the necessary compensation.
Navigating premises liability cases against hotels is different from other legal claims, so make sure you choose one who is well-experienced in this area of the law, like the team at Rosenfeld Injury Lawyers.
Sexual abuse lawsuit settlement against a national hotel chain for failing screen their employees.
Recovery for a woman who was attacked in her hotel room by another guest. Our lawyers alleged that the hotel staff failed to change the magnetic keycards.
How a Hotel Accident Attorney Can Help with Your Claim
If the hotel owner or staff were negligent and caused your injury, you may be entitled to financial compensation. A hotel accident lawyer from our legal team can provide the following services to support your claim.
Investigation
To file a lawsuit against the hotel, you will need to build a strong case. Your hotel injury lawyer will investigate the details of your case, including determining liability, establishing negligence, and demonstrating your damages.
We will also collect the necessary evidence to prove your claim. Evidence in a hotel property injury case might include medical bills, photographs or videos, witness statements, and expert testimonies.
Calculating Damages
Our lawyers will also calculate your damages so you can better evaluate any settlement offers you might receive. The available damages in personal injury cases vary depending on the incident’s specific details and the sustained injuries. Your lawyer will provide expert guidance in this area.
Settlement Negotiation
A hotel injury lawyer will also handle all negotiations with the insurance company. You deserve an appropriate settlement offer covering your medical bills, lost wages, and other expenses.
Court Representation
If the insurance company is unwilling to fully cover your damages, our legal team has the knowledge necessary to represent you in court. Our lawyers work hard to ensure that the responsible property owners or individuals are held liable. We will prepare you for court, walk you through what to expect, and ensure your case is presented accurately.
Damages You Can Recover in a Hotel Injury Claim
A hotel injury can result in both financial and non-financial losses, classified as economic and non-economic damages. When negligence is a factor, pursuing both forms of compensation is essential to fully cover the damages arising from your injuries.
Economic
Economic damages are the financial implications of hotel negligence and may include the following:
- Diminished earning capacity
- Lost income from missed work
- Funeral and burial costs for fatal injuries
- Property damages
Non-Economic
Non-economic damages are the emotional implications common with personal injury claims and might include the following:
- Pain and suffering
- Emotional distress
- Post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
Additionally, some injury victims may be subject to punitive damages, which are in addition to economic and non-economic damages and are designed to punish the property owners or other responsible parties.
The Statute of Limitations for Hotel Injury Claims
In most states, hotel negligence cases are subject to a statute of limitations, typically ranging from one to three years from the date of the accident. Filing a claim for compensation beyond this time limit may not be permitted.
Since building a strong case can take time, it’s important to contact a hotel injury lawyer as soon as possible to ensure your claim is filed within the legal timeframe.
Proving Negligence for Hotel Injuries
Proving hotel negligence involves a four-step process:
- Legal Duty of Care – Hotels have a legal responsibility to provide a safe environment for both guests and employees, including proper security and safety measures.
- Breach of Duty – To win a premises liability case, you must show that the hotel breached its duty of care. This breach could involve unsafe conditions or failure to maintain proper safety standards.
- Causation – It must be proven that the hotel’s negligence directly caused your injuries, establishing a clear link between the breach and the harm suffered.
- Actual Damages – A successful case demonstrates tangible damages, such as medical expenses, lost wages, or pain and suffering, which can be recovered through compensation. The goal of a hotel negligence lawsuit is to help injured parties secure financial recovery for their losses.
Contact a Hotel Accident Lawyer Now!
Hotels are required to maintain safety regulations and protocols to ensure a safe experience for all guests. Failing to do so could make the hotel’s owners or staff liable for injuries. Whether you’re an injured hotel guest or employee, you deserve a lawyer fighting for your rights, getting you the financial compensation you need.
Rosenfeld Injury Lawyers has decades of experience helping those injured through hotel negligence. We have the negotiation and trial experience you need when competing against a large hotel or resort.
Contact us today at (888) 424-5757 or fill out our online form.
Resources: [1] The Bureau of Labor Statistics, [2] SafetyNow, [3] U.S. Bureau of Labor Statistics, [4] COMPInsiders,