A hotel can be liable for damages suffered by hotel guests who are legally on the property when they become injured or have their personal property stolen. Under state negligence laws, victims of personal injuries on hotel premises can recover monetary and non-economic damages for the harm that they have suffered.
The hotel may be held liable if it is proven that it breached its duty of care. A duty of care is a legal obligation to use a reasonable standard of care to prevent harm or injury to others who lawfully visit the property. A reasonable property owner would identify hazards that could cause injury and take steps to fix the situation or make the dangerous area inaccessible to hotel guests. Belleville personal injury lawyers Hipskind & McAninch explain that to recover damages in a personal injury claim against a hotel, you must prove:
- That you were lawfully on the premises and not trespassing
- That the owner or a property manager had a duty of care
- The property owner breached that duty of care, which means that they were negligent or failed to use reasonable care regarding their property
- You suffered an injury as a result of the property owner’s negligence with respect to the maintenance of the property
- As a result, you incurred financial losses as well as physical pain and suffering
Common causes of hotel accidents
Whether for pleasure or business, people stay in hotels when traveling. Some of the most common types of premises liability claims and causes of injuries in hotels are:
- Slip and falls
- Defective elevators and escalators
- Broken or defective handrails
- Spilled drinks in hotel restaurants or bars
- Uneven pavement on sidewalks
- Slippery floors in the hotel lobby or around pool areas
- Accidents in dimly-lit walkways
- Injuries from assaults, robberies, or property theft due to negligent security
No matter how you were injured, it is important that you seek medical attention right away.
Damages in a premises liability claim
Compensation is meant to make you financially whole again after your accident. You could receive economic and non-economic damages for your injuries and losses. Economic damages include all of your medical expenses, future medical expenses, lost wages, future lost earning capacity, and other costs you have incurred as a result of the accident.
Non-economic damages compensate you for the losses you have experienced that are subjective and not related to monetary losses. The most common types of non-economic damages are pain and suffering, mental anguish, and emotional distress.
It is important to speak to an attorney
Hotels are major companies that can put a lot of money and resources into fighting you in a lawsuit. Therefore, you should be prepared with your own attorney, who will fight hard to establish liability and the property owner’s duty of care. This may be the first time that you have had to file a personal injury claim, but an attorney does this for a living. Rather than go through it the first time by yourself, an attorney can help you every step of the way and inform you of your rights. They can also collect evidence, gather witness testimonies and use your medical records to establish the facts of your case. Don’t delay in talking to an attorney.