What Are a Hotel’s Liabilities in a Personal Injury Claim?
Hotels have a duty of care to keep guests and visitors safe. Should there be a hazard on the premises, the hotel has a duty of care to promptly identify and address it. If it cannot, it must issue a warning. Otherwise, it may bear liability in a personal injury claim if someone suffers injuries because of its failure to uphold its duty.
However, its degree of responsibility may vary depending on if the injured person was an invitee, licensee, or trespasser. If you were hurt at a hotel, a premises liability lawyer at the Law Offices of Wolf & Pravato can help you determine your eligibility for compensation. Call today at (954) 633-8270 for a free case review.
The Hotel’s Liability for Your Personal Injury Depends on Your Status
When you are a paying guest at the hotel, the hotel has an obligation to ensure your safety within certain parameters. If you were an invitee of a guest or if you were trespassing on hotel property, the hotel’s liability for your injuries may differ.
If You Are an Invitee to the Hotel
If you pay for a room, you are in an economic relationship with the hotel, making you an invitee. As an invitee, you have a right to expect that the hotel premises poses no risks to your health and safety.
The hotel has a responsibility to prevent dangerous conditions, repair known dangerous conditions, or warn of existing conditions of which it is aware. It must also actively inspect the premises to identify and resolve any potential hazards that you could come in contact with.
If You Are a Licensee at the Hotel
Hotels might have different liabilities when it comes to licensees: people invited onto the premises for purposes other than a commercial relationship to the hotel. For instance, if you were invited to the hotel by a friend who is a hotel guest, you are a licensee.
While the hotel owner has a responsibility to ensure that the premises are safe and in good repair, it typically does not have a specific duty to inspect and warn of any potential dangers to you as a licensee.
If You Are a Trespasser on Hotel Grounds
A trespasser is someone who specifically entered hotel property without the hotel owner or manager’s knowledge or permission.
According to Florida Statutes § 768.075, property owners don’t bear liability if an injured trespasser was intoxicated or intended to commit a crime or if they didn’t know they were on the premises. However, if the hotel was grossly negligent and the trespasser was injured as a result, it could face financial responsibility.
Children and the Attractive Nuisance Doctrine
When trespassers are children, the hotel has a different sort of liability than for adults. Under the attractive nuisance doctrine, hotels have a duty to provide adequate warning or eliminate dangers for devices or spaces that may be particularly attractive to children.
For the purposes of property liability, hotels generally have the same duty to children trespassing on their property as they do to invitees renting a hotel room.
How to Pursue a Personal Injury Claim Against a Hotel
If you or a loved one suffered an injury while on hotel property, you could pursue compensation from the responsible party through a personal injury claim. To establish a valid property liability claim against the hotel, you must be able to prove that it was negligent by showing that these four elements were present in your case:
- The hotel owed you a duty of care.
- The hotel violated its duty of care.
- You suffered an injury on hotel property.
- Your injury was a direct result of the hotel’s failure in its duty of care.
You must provide evidence for each of the above points. This evidence may be in the form of witness statements, videos or photos of the scene, medical records, and expert testimony.
Working With a Personal Injury Attorney Can Help Your Hotel Liability Claim
Hotels have significant resources and sometimes entire legal departments dedicated to countering liability claims. Without the knowledge and resources of a Fort Myers personal injury lawyer, you may have a difficult time receiving fair compensation.
Rather than trying to navigate a lawsuit on your own, work with a Miami personal injury lawyer who handles premises liability cases. They can:
- Gather evidence
- Collect witness statements
- Evaluate your monetary losses
- Send a settlement demand letter
- Negotiate with the hotel’s attorney and insurance carrier
- File a lawsuit within Florida’s statute of limitations, Florida Statutes § 95.11
Contact the Law Offices of Wolf & Pravato for Assistance
If you were injured at a hotel, our Fort Lauderdale personal injury lawyers can determine how the liabilities of a hotel apply to your personal injury claim. From there, we can build your case and fight for compensation.
Contact or call the Law Offices of Wolf & Pravato at (954) 633-8270 for a free consultation.
