A hotel may be liable to its guests for a number of different harms that may befall its guests. A lawyer consultation in Florida with a Florida 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 Florida for the loss, theft, or damage of valuable personal property in a hotel is strictly limited by the innkeeper’s law, a Florida guests’ belongings liability law.
A hotel in Florida has no obligation to provide safekeeping for a guest’s valuable property, e.g., large sums of cash, securities, jewelry, or electronics of any kind. If a hotel does offer safekeeping for valuables, the hotel is not liable if the item is lost unless the loss was the direct result of the negligence of the operator.
However, the liability of the operator is limited to $1,000 for any loss, if the hotel gives the guest a receipt for the property which states, in large type large, that the hotel is only liable in the amount of $1,000 and then only if the loss was the direct result of the hotel’s negligence.
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. If a guest who owns valuables does not inform the hotel in writing of the value of this property, and the hotel does not agree in writing to assume any liability greater than $1000, then the hotel’s liability is limited to that amount.
If a guest keeps their property in their possession in their room at a hotel 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 Florida?
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 Florida Law?
Under both federal and Florida 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 Florida’s Civil Rights Act.
Hotels must also comply with both the federal Americans with Disabilities Act (ADA) and Florida’s Civil Rights Act regarding disability. Both require hotels and motels to make reasonable accommodations for disabled guests. This means that rooms must be accessible to all. Failure to accommodate people with disabilities may lead to complaints to state and federal government agencies and the payment of civil penalties.
In Florida, the Consumer Data Privacy Act (CDPA) addresses data management and consumer rights. In order to comply with the law, companies, including hotels, are required to make information regarding their data practices, such as how they collect, use and share personal data, easily accessible.
They must tell guests what kind of information about guests 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 CDPA.
Florida law bans the installation of hidden cameras in bathrooms, changing rooms, or the private areas of hotel rooms. Installing hidden cameras in private areas would violate Florida’s privacy laws. Both civil liability and criminal charges may fall on a hotel that secretly records guests.
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What Are Some Common Examples of Hotel Liability to Guests in Florida?
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 Florida?
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. The Florida Civil Rights Act aligns with federal 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 Florida innkeeper law 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 Florida?
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 hotels for their negligence.
Florida is a modified comparative fault state. This means that when a guest is the victim of a crime, a fall, or other accident on hotel property, if they themselves were 50% negligent or more, they may not recover damages. Even if a hotel was 50% negligent, the guest would not be able to recover any damages at all from the hotel.
So a hotel would want to make a case showing that the guest was at least 50% negligent. If it could do so, it would escape all liability.
Can a Hotel Be Held Liable for Employee Actions in Florida?
A hotel may be liable for harm caused to a hotel guest by an employee 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 Florida 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 Florida. 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.
