In a Personal Injury Case, is a Hotel Liable?
A hotel can be liable for a personal injury claim. All hotel owners have a general duty to provide safe premises for their guests. This obligation involves warning them about potential hazards and promptly fixing them, as well as maintaining a safe environment. However, hotel owners can sometimes fail to meet this standard of care, which may result in accidents and serious injuries.
If you or a loved one was hurt in a hotel accident, you could have grounds for legal action. A Miami personal injury attorney from the Law Offices of Wolf & Pravato can review your case and determine your next steps. To connect with our personal injury team, call (954) 633-8270.
How to Show a Hotel’s Liability in Your Personal Injury Claim
As noted, if you or a loved one was injured in a hotel accident, you might qualify to pursue compensation. However, you must prove that the hotel owner was negligent and has financial responsibility for your damages.
Negligence comprises four main elements, which include:
Duty of Care (an Obligation to Keep the Premises Safe)
Hotel guests and visitors are considered invitees, meaning the hotel either directly or indirectly invites them onto the property. As a result, the hotel owes these patrons a duty of care. This looks like:
- Maintaining a safe and clean environment
- Having a properly vetted and trained staff
- Promptly addressing and fixing any hazards
- Warning everyone on the premises of potential hazards
Safety must be the hotel’s number one priority.
Breach of Duty (the Other Party Didn’t Keep the Premises Safe)
While many hotels offer a safe, fun environment for guests, some do not. Examples of negligence that could breach a hotel owner’s duty of care include:
- A poorly trained staff
- Failing to conduct regular maintenance and safety checks
- Allowing hazards on the premises (e.g., poor lighting, broken floorboards, stairs, or tiles, old, worn-out equipment, and furniture, or spills)
- Not fixing hazards in a timely fashion
- Waiting too long to tell patrons of a hazard (or hazards)
Causation (the Other Party Caused Your Accident)
Proving that you suffered injuries is a key part of your injury case. You may have suffered:
- Broken bones or fractures
- Whiplash
- Traumatic brain injuries (TBIs)
- Burns
- Cuts, scrapes, and bruises
- Spinal cord injuries (SCIs)
- Nerve damage
- Internal injuries
Tragically, some people lose their lives in hotel accidents. If you lost a loved one, you could recover damages through a wrongful death case. You would still have to prove negligence, however.
Damages (Both Economic and Non-Economic Losses)
As a final part of proving negligence, you must show that your injuries caused you to suffer damages, such as:
- Past and future medical care costs for the ambulance ride, diagnostic tests, medications, hospital stays, mobility aids, and follow-up appointments
- Loss of income for the money (like salary, bonuses, and other benefits) you would have earned at work if you weren’t hurt in the accident
- Future loss of earning capacity if your injuries keep you from going back to work long term
- Mental anguish for the mental and emotional trauma the accident and your injuries caused you
- Pain and suffering for the discomfort and pain that your injuries inflicted
- Wrongful death-related damages if your loved one died from their injuries, and you have bills for their medical care, funeral, and burial
Your word is important, but it alone won’t be enough to recover these damages. With that, you’ll need evidence to back up your claim. Medical records, pay stubs, and witness statements can validate your damages’ cost.
Another Party Could Have Liability for Your Hotel Accident
In many cases, if someone suffers injuries while visiting a hotel, the property owner has liability. Yet, another party could have liability, such as:
- A maintenance company if it failed to properly inspect the premises and fix any potential dangers
- A supplier if it sold or distributed faulty furniture or equipment to the hotel and caused injury
- A construction company if there was construction near or at the hotel, and you were struck by an object, fell, or otherwise hurt in an accident
- A driver if you were hurt in a car accident in the hotel parking lot
Sometimes, more than one party might face liability after a hotel accident. In that case, you could pursue damages from each of them.
Learn More About Your Legal Options During a Free Case Review
The Law Offices of Wolf & Pravato offer free case reviews to those injured in hotel accidents. We’ve served injured claimants for more than 20 years, and in that time, we’ve recovered over $250 million in damages. We’re eager to learn your story and guide you through the financial recovery process.
Find out if a hotel could be liable for your injuries when you call our team. We can also answer other questions as they relate to your situation. Contact our firm for a free consultation at (954) 633-8270.
