Can I Sue a Hotel for an Injury?

A vacation is supposed to be a time where you could relax and put your mind at ease. Many people do months and months of research to find the perfect hotel to stay in. But what happens if you are injured at a hotel? Could you file a lawsuit against the hotel?

Unfortunately, accidents are bound to happen. Many may take several precautions, but at the end of the day there’s still the possibility of an accident occurring during a vacation. Hotels have a common responsibility to provide a safe environment for their guests and visitors. The law outlines what type of responsibilities this may be, and how the hotel could potentially violate this level of responsibility to their hotel guests. If you or a loved one have been injured in hotel, contact our attorneys immediately to determine if you have a claim against the hotel. Our hotel accident attorneys will file a lawsuit against the hotel, and pursue your claims for you to make sure you get maximum compensation for your injuries.

Hotel injuries could have very drastic consequences. For example, a slip-and-fall accident in a hotel could result in broken bones, and even traumatic brain injury. Not only does the victim have to endure physical pain, but they oftentimes also go through emotional trauma such as depression and anxiety.

Common Hotel Accidents

We have represented clients that have been injured in hotel accidents for decades. The common hotel accidents that we have seen result in injuries include:

• Slip and fall accidents: this could occur on the hotel’s carpeting, hardwood floors, staircases, and wet surfaces
• Fall down a badly lit hallway
• Swimming pool accidents
• Food poisoning
• Battery in the hotel parking lot
• Assault in the hotel or parking lot
• Falling merchandise
• Inadequate security
• Injuries from improper wiring
• Injuries from broken Furniture
• Injuries from broken furniture
• Bed bug infestations

It is important to note that all these accidents are preventable. There are several other injuries that could possibly occur at a hotel. To determine if your claim qualifies as a hotel lawsuit, contact our attorneys today to hold the hotel liable for your injuries.

Suing a Hotel for Negligence

Our attorneys may be able to help you recover compensation for your injuries while in a hotel, motel, in, and / or bed and breakfast. In order to file a lawsuit against the hotel, the plaintiff must have to prove certain elements to show that the hotel was negligent. Hotels are considered to have a higher duty of care to protect their guests from any dangerous conditions. Hotels must have to protect their guests from any dangers that could cause injuries. The different elements that have to be proven include:

• The property owner has a duty to the hotel guests: almost always the court will hold that a property owner has the duty to a hotel guest to make sure that the hotel is safe, and the hotel owner has reasonable inspections to check for any dangerous conditions. The hotel owner is also responsible for any dangerous activities that could occur from independent contractors, such as elevator maintenance workers. The plaintiff would have to show that the property owner had a standard of care to act reasonably and prevent any dangerous conditions. The plaintiff would have to show that the hotel owner had actual knowledge or should have known of the danger. For example, the hotel owner has the duty to:
  • Prevent bed bug infestations
  • Maintain locks
  • Maintain electrical circuits in the hotel room
  • Prevent slip and falls near the pool
  • Prevent wet floors
  • Hire experienced staff
  • Hire proper security to prevent theft
  • Clean hallways
  • Have well-lit hallways
  • Warn guests of any unusual designs that could potentially injure hotel guests
  • Place caution signs or warning signs during construction
  • Label common exits
• Breach of duty: the plaintiff would have to show that the hotel owner failed to live up to this responsibility and field to protect the hotel owner from the dangerous condition. Different ways that the hotel owner could fail is by neglecting to repair the dangerous condition, or neglecting to warn hotel guests about the dangerous condition.
• Defendant’s breach of duty was a factor in cause of injury: the plaintiff would have to show that the dangerous condition caused them to suffer damages. It is important that the plaintiff show that the injury was foreseeable. The injury must be reasonably foreseeable to defendant.
• Defendant’s breach of duty led to damages: the plaintiff would have to show that they suffered damages as a result of the hotel’s negligence.

Hotel Lawsuit Example

The most common example of a hotel lawsuit includes slip and falls. For example, if you fell on the slippery floor of a hallway in the hotel, and the hotel manager knew about the slippery floors, you may have a claim against the hotel owner for any damages you may have suffered. These damages could include compensation for the injuries you have suffered from the slip and fall. It is very important to hire an experienced hotel accident attorney to prove that the hotel was on notice of the dangerous condition, yet failed to take any precautions. If you hire an inexperienced personal injury attorney, they may not aggressively pursue your claims, and you may have weak evidence.

How to File a Lawsuit Against a Hotel

If you believe you have a claim against a hotel for any accidents suffered at the hotel, contact our attorneys immediately to file a claim against the liable party. Our attorneys make sure that your legal claim is adequately represented in order to have your rights protected to pursue claims against the liable party. It is very important to hire an experienced attorney that has dealt with hotel accidents in the past.

What Are Possible Damages in a Hotel Accident Claim?

There are several different types of damages a plaintiff could recover from a hotel accident claim. This includes economic and non-economic damages. Economic damages include lost wages, future lost wages, and medical bills from the injury caused by the hotel’s negligence. Non-economic damages are those that are not easily calculated, and include the emotional Trauma from enduring such injuries because of the hotel’s negligence. This includes depression, anxiety, PTSD, etc.

Could the Hotel Be Liable for Their Employee’s Negligence?

An employee could hold the hotel liable for their negligence under the legal theory called vicarious liability. Vicarious liability holds a third party liable for another’s negligent actions. The most common type of example vicarious liability is employer and employee relationships. Therefore, when an employee was negligent with in their scope of employment while on the job, the employer could be held liable. For example, if the hotel maintenance crew failed to take adequate precautions and wipe the slippery hallway, the hotel owner could be held liable for the maintenance crew’s negligent acts.

Contact a Hotel Injury Lawyer Today

When considering the possibility of a personal injury lawsuit against a hotel, it is important to remember that you are not alone. Hotel accident lawsuits involve a complex set of legal theories and require the attorney to gather strong evidence against the defendant, the hotel. Our hotel accident attorneys provide a free initial consultation where we will review your hotel accident case and determine if you have a valid personal injury claim. Contact one of our offices in California or Nevada today.

***Disclaimer: This page is created by Heidari Law Group for educational purposes. This article provides a general understanding of the law. It does not provide specific advice. By using this site and reading through this page, there is no attorney-client relationship created between you and any member of Heidari Law. Further, due to the constant change of the law, some parts of the information above may no longer be good law.