Hotels and resorts must exercise reasonable care to ensure the safety of their guests by meeting high standards of security, cleanliness, and maintenance. Otherwise, hotels can be held liable for serious injuries sustained on the premises.
While booking lodging, most travelers focus on comfort and amenities, but there’s an understood expectation of safety that is compromised when the property owner, management, or staff neglects their duty to provide it. Safety-related duties that hotel staff must perform include:
Carrying out these responsibilities on a large property requires diligence and dedication, and even one small mistake can result in an injury that causes physical, financial, and emotional suffering for a guest. The most common accidents that occur on hotel property include:
If you were involved in a hotel accident that you believe resulted from negligence on the part of the owners or staff, the law allows you to pursue financial recovery for your short- and long-term harms and losses.
An unexpected injury can result in substantial medical costs, missed work, lost wages, an inability to perform tasks and services in the home, and other losses that can be more difficult to quantify in terms of monetary value. The path to obtaining reimbursement for these losses may involve making a premises liability claim, which is a civil action that allows someone injured on someone else’s property to seek financial recovery for the harm done.
To have grounds for a premises liability claim, you must first be able to prove that the person alleged to have caused the injury owns or controls the property. Second, you must prove that you were owed a duty of care. In terms of premises liability, being an “invitee” entitles you to a higher duty of care; if you were on the premises for the mutual benefit of both parties — in other words, as a hotel guest — you were considered invited and owed a higher duty of care.
Last, you must prove that the conditions were unreasonably dangerous, meaning that the danger was foreseeable and avoidable but the person responsible neglected their duty to prevent it. Because of the complexity of many hotel operations, identifying the failure or failures that led to your injury can be complicated and convoluted, so taking steps to ensure evidence is preserved is in your best interest.
No two hotel accident-related injuries are alike, and there are countless contingencies that could affect the outcome of your claim. Here are a few major factors that could have a bearing on your settlement:
Vicarious liability. Vicarious liability is a legal term that means someone can be held liable for injuries caused by someone else. In this case, a hotel owner or manager may be held liable for the negligence of an employee that occurred in the course and scope of their employment. Therefore, pinpointing exactly who was careless and why can be an important step to successful recovery in a hotel accident case.
The seriousness of the injury. The nature and severity of the injury will impact the recovery amount. It is not enough to prove that there was an unreasonably dangerous condition that caused the accident; the accident has to have resulted in an injury and therefore loss. Generally, larger losses command larger recoveries.
Involvement of a third party. There’s a difference between a slip-and-fall case on a wet floor where no warning signs were present and, for example, a vehicle accident in the hotel parking lot. The difference is that in the car accident, there is another party who could potentially be held liable. Or say that someone breaks into your hotel room and injures you; you could seek to hold that person criminally liable, while pursuing civil action against the hotel for not adequately ensuring your safety. The at-fault party may use the involvement of a third party to attempt to downplay their own liability. Also, the egregiousness of the hotel’s conduct can impact the strength of your case.
Premises liability is a complex branch of law, and negligence can be challenging to prove. An experienced accident and injury attorney will begin by investigating the circumstances of your accident. It’s important to act quickly in order to preserve evidence, such as footage from surveillance cameras on the property. After all applicable evidence has been gathered, your accident attorney will then assess the best available sources of recovery and seek to hold the at-fault party accountable.
At FVF Law Firm – Injury & Wrongful Death Lawyers, our goal is to educate and support people injured in accidents for which they bear little or no-fault. FVF Law has specific experience handling hotel accident cases and understands how to help you understand your rights and options. We provide free, no-pressure case evaluations because we want you to feel informed about the life-altering decisions that inevitably follow serious injuries.
It is our priority to secure for you the financial reimbursement that will allow you to recover and move on from the accident. Contact us today to schedule a free evaluation, and receive the advice you deserve.
If you’re injured at a hotel, seek medical attention immediately. Report the incident to hotel management, document the scene with photos, collect contact information of any witnesses, and consult an attorney to discuss your options for filing a claim.
Yes, hotels have a duty to provide a safe environment for their guests. If your injury was caused by hotel negligence—such as a slip on a wet floor, faulty equipment, or poor security—you may be able to file a claim for damages.
Common injuries include slips and falls, swimming pool accidents, elevator or escalator injuries, burns from hot water or faulty equipment, and injuries from inadequate security. A lawyer can help you determine if the hotel is liable for these types of accidents.
To prove negligence, you must show that the hotel failed to uphold reasonable safety standards. This could include evidence of unsafe conditions, poor maintenance, lack of warning signs, or failure to address known hazards. An attorney can help gather the necessary proof.
You may be eligible to recover compensation for medical expenses, lost wages, pain and suffering, and other damages related to the injury. If your injuries are severe, you may also be entitled to future medical costs.
In Texas, the statute of limitations for personal injury claims is generally two years from the date of the accident. It’s best to contact an attorney as soon as possible to ensure all deadlines are met.
A lawyer can gather evidence, identify liable parties, negotiate with insurance companies, and represent you in court if needed. They will work to secure maximum compensation for your injuries, medical bills, and any other related expenses.
