A hotel may be liable to its guests for a number of different harms that may befall its guests. A lawyer consultation in California with a California lawyer would help a person understand the many situations in which a hotel may be liable to its guests.
Hotel owners and operators have a general duty of care to protect visitors to their facilities from circumstances that create a risk of harm. A guest who is injured, e.g., in a slip and fall accident, could claim that an owner or operator has breached their duty if the guest suffers injury on the property. This is known as premises liability.
In these cases, the burden of proof is on the injured party to prove they suffered physical injury on hotel grounds because of the negligence of the hotel owner or operator.
The liability of hotel owners and operators in California for the loss, theft, or damage of valuable personal property in a hotel is strictly limited by the “Innkeeper Statute,” a California guests’ belongings liability law.
This provision of the Civil Code states that If a guest’s valuable personal property, e.g., expensive jewelry, is stolen, damaged, or otherwise lost while the guest is at the hotel, the liability of the hotel is limited to either $1,000 or $500.
If the valuable personal property is placed in a safe in the possession of hotel personnel, the law limits the liability of a hotelkeeper to $500. If the hotelkeeper agrees in writing to assume a greater liability, then they may do that. But the hotel’s liability cannot be greater than $500 unless the hotel agrees to a larger liability in writing.
This restricted liability does not apply only to the period of time in which the articles are actually inside the hotel safe; if the property is removed from the safe and then lost or stolen, the limitation on liability still applies.
If the valuable property is not deposited in a safe in the possession of the hotel personnel, and it is then lost, damaged or destroyed, the hotel has no liability at all. In a landmark case, a hotel deposited a guest’s jewelry worth $72,000 in a hotel safe deposit box. The owner did not tell the hotel in writing of the value of this property, and the hotel had not agreed in writing to assume any liability greater than $500.
Just before checking out of the hotel, the owner retrieved her jewelry from the hotel’s safety deposit box. As she stood at the checkout counter in the lobby, a thief stole the jewelry from her.
Because the hotel had never agreed in writing to assume liability in excess of $500, the hotel’s liability was limited to $500, whether or not the hotel possessed the jewelry at the time of the loss or injury.
If a guest keeps their property in their possession in their room at a hotel or motel and it is lost, stolen or damaged, the liability of the hotel is limited to $1,000. Again, the hotel owner or operator may agree in writing to assume a great liability, but only by express agreement in writing.
How Do I Prove That a Hotel Was Negligent in California?
Proving a hotel’s negligence depends on the circumstances of a particular case. In some cases, a lawyer might have to enlist the help of an expert to show how the hotel was negligent. For example, in a case in which a guest was injured and lost property because they were robbed in a hotel parking lot, an expert may need to research the crime rate in the neighborhood and the history of any crimes perpetrated on hotel property.
A simple slip-and-fall case would require proof that an employee washed the floor and failed to post a warning or dry it shortly before a guest slipped and fell. Or, it might require proof that it had snowed days before the guest arrived and the owner made no effort to clear snow and ice from common area sidewalks. A surveillance camera might offer a video that demonstrates the owner’s negligence.
Again, the situation would dictate what proof is needed, but a person who suffers injury or harm to their property wants to make detailed notes of their experience and how they were harmed. They might want to collect the names and contact information for any witnesses and the names and contact information for employees of the hotel who were on the premises at the time of the incident.
What Duties Does a Hotel Owe Its Guests Under California Law?
Under both federal and California law, hotels have a duty not to discriminate on the basis of protected characteristics. They should not discriminate in renting rooms or in the prices they charge. Everyone has a right to receive equal accommodations in businesses that provide services to the public, including hotels, under California’s Unruh Civil Rights Act.
Hotels must also comply with both the federal Americans with Disabilities Act (ADA) and California’s Disabled Persons Act (DPA); both require hotels and motels to make reasonable accommodations for disabled guests. This means that rooms must be accessible to all and must be equipped with auxiliary aids for communication. Failure to accommodate people with disabilities may lead to complaints to government agencies and civil penalties.
Privacy laws that protect guest data cover hotels also. The California Consumer Privacy Act (CCPA) gives guests rights regarding the personal information that a hotel may collect about them. Hotels meeting certain criteria, e.g., taking in over $25 million in annual revenue, must make certain disclosures about their data practices to guests.
They must tell guests what kind of information about guests that they gather. They must also tell guests how they use the information and with whom they share it. Guests may access their data, demand that it be deleted and opt out of the sale of their data. Guests whose data is compromised because security measures are inadequate may file private lawsuits.
If guest reservation data is sole or shared by a hotel without disclosure to the guest, it may violate the CCPA as well as state unfair competition law.
California law bans hotels from engaging in unauthorized surveillance of customers. It is a crime in California for a hotel to have hidden cameras installed in private areas, such as rooms and bathrooms. Even surveillance cameras in common areas of the hotel must be disclosed to customers. Audio recordings made without the consent of the individual recorded may violate the state’s wiretapping consent law.
Both civil liability and criminal charges may fall on a hotel that secretly records guests. l charges.
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What Are Some Common Examples of Hotel Liability to Guests in California?
As noted above, a hotel or motel could be liable for a guest’s loss of valuable personal property, such as expensive electronics, but damages would be severely limited, even if the valuable property is in the hotel’s safe when it is damaged, lost or stolen.
Hotels are also responsible to answer for the harm caused to guests by the negligence of the owner and/or operator of the hotel. A hotel is liable for any harm to guests caused by the negligence of its employees while acting in the course and scope of their employment. For example, if an employee washes the floor in the lobby and a guest slips and falls, the hotel would be liable to pay compensatory damages to the guest.
Hotels might even be liable to guests who are victimized by a criminal on the premises of a hotel. For example, if a guest is robbed at gunpoint in a dark hotel parking lot that is located in a known high-crime area, the hotel might well be liable for the guest’s loss. Hotel liability for crimes would, of course, depend on the specific circumstances of an individual’s case.
The person who perpetrates the crime is the most obviously liable party. However, depending on the circumstances, a hotel owner may be at least partly responsible for crimes that occur on the premises, e.g., if the guest is robbed outside their room or in a parking lot. The guest would have to show how the hotel was negligent by failing to warn guests of known hazards or failing to take measures to ensure the safety of guests, e.g., locking room windows.
A guest who is victimized would have to show that the hotel owner or operator knew that there was a dangerous condition, e.g., the hotel was in a high-crime area or other crimes had been committed in the parking lot on previous occasions. Or the hotel owner knew that the lighting in the parking lot was inadequate and did not address the problem or warn guests to avoid the area.
What Damages Can I Recover in a Hotel Lawsuit in California?
The amount in damages that a guest might recover depends on the nature of the harm and the state and federal laws that may apply in the situation.
For example, the federal Civil Rights Act of 1964 and other laws ban discrimination in public accommodations. Federal law does not allow a victim to recover monetary damages in private lawsuits, however California’s Unruh Act does enable individuals to seek financial compensation. The California Department of Fair Employment and Housing (DFEH) investigates complaints and can take legal action against businesses that do not comply with the law.
The liability of a hotel for the loss of, damage to or theft of valuable property in a hotel is strictly limited by the Innkeeper Statute as detailed above.
Liability to answer in money damages for ordinary negligence under a theory of premises liability is not limited, so a person damaged by the negligence of an owner, operator or employer should be able to recover damages that would compensate them for all of their economic and non-economic harm.
Are There Any Defenses to a Hotel Negligence Claim in California?
In a negligence case, a hotel owner or operator would argue first that they were not negligent but fulfilled their duty of care to guests. They could look to hotel liability laws that impose liability on both parties to the extent that they were comparatively negligent.
California is a pure comparative fault state. This means that when a guest is the victim of a crime, a fall, or other accident on hotel property, they may still recover damages but only to the extent that the hotel was negligent. If a jury were to find that the guest’s own negligence also contributed to the accident, then their damages award would be reduced by the percentage of the guest’s contributory negligence.
Can a Hotel Be Held Liable for Employee Actions in California?
A hotel may be liable for harm caused to a hotel guest while the employee is performing job-related duties in the hotel. The guest would have to show that the employee’s negligence was the direct cause of the harm or injury they suffered.
If the hotel could show that the employee was acting outside of the course and scope of their employment, they could escape liability.
Employers are generally liable for the negligence of their employees if the employees cause harm while acting within the course and scope of their employment under the legal theory of respondeat superior.
Do I Need a California Lawyer for a Hotel Liability Claim?
If you have been injured or have lost valuable property while a guest in a hotel, you want to talk to a personal injury attorney in California. LegalMatch.com can connect you to a lawyer who can review the facts of your case, tell you whether the hotel may be liable, and guide you through the legal process to get the remedy you deserve.
