Hotels are liable for their guest’s injuries if the injury occurs in the hotel’s property and if the hotel’s employees were negligent. Negligence generally requires certain elements be present: a duty of care, a breach of the duty of care, proof that the breach was the cause of the injury, and the presence of damage as a result of the injury.
Hotels operate under regulations regarding standards of safety that must be provided to guests. Every hotel guest is awarded a high level of protection under liability law, meaning that the hotel has a high standard of reasonable to exercise the keep guests safe. Hotels must keep the grounds and property safe and clean, fix any dangerous conditions immediately, and post signs to alert guests of dangerous conditions before they are fixed.
If a guest is injured because of a hotel’s breach of duty of care in these areas, the hotel is liable under premise liability law.
Common issues regarding hotel gyms include illegible instructions, machines that are placed too close together, infections that spread due to unsanitary conditions, and machines that are dangerous because they are not properly maintained or are in old or bad condition.
What Defenses Can a Hotel Use?
Hotels have many other responsibilities regarding adherence to maintenance and safety regulations. They must control bed bug infestations, keep guests safe from theft and assault, keep all stairways and elevators in working order, and make sure all locks are working correctly in the guest rooms. Swimming pool injuries are also common, so hotels must be sure to follow all laws to keep guests safe when they are using the hotel’s pools.
These protections are not necessarily extended to non-guests. If the person injured was not a paying guest of the hotel, the hotel can use that fact as part of its defense.
Significant harm must be part of the claim. If the plaintiff has not harm, the hotel is not liable.
Can a Plaintiff Recover Remedies?
The kinds of damages awarded to plaintiffs in hotel liability cases include reimbursements for medical costs, mental and physical pain and suffering, loss of wages, and loss of future wages, as well as loss of life enjoyment if the injury is severe enough.
Do I Need a Lawyer?
If you have been injured while you were a guest in a hotel, you should speak with a personal injury lawyer right away. This kind of lawyer will have the best information about your rights and will help you build the best possible case.