Under Texas hotel liability laws, a hotel may be held liable when a guest is injured or their personal property is stolen. The innkeeper’s duty found under common law provides that hotel owners are responsible for injuries to guests as well as theft from guests.
This type of liability may also be called premises liability. This concept states that owners of buildings and land may be held liable for injuries to or theft from guests. A hotel may also be held liable for the actions of its employees.
If a guest brings a claim against a hotel, it is typically for negligence. This arises when the hotel did not do something they were supposed to do to ensure the safety of guests and their belongings.
For more information on premises liability and guests’ belongings liability for hotels in Texas, an individual should schedule a lawyer consultation in Texas.
How Do I Prove That a Hotel Was Negligent in Texas?
To prove that a hotel was negligent in the State of Texas, an individual must prove four elements to show negligence, including:
- Duty: A plaintiff must show that the defendant owed them a duty of reasonable care.
- Reasonable care means the care that an ordinary and prudent person would use in the same or a similar situation.
- Breach: The plaintiff has to show that the defendant breached their duty of care, either by doing something or not doing something.
- Causation: The plaintiff has to show a link between the defendant’s conduct and the injury or loss suffered by the plaintiff.
- This means that the defendant’s behavior must have directly caused the problem that the plaintiff suffered.
- Damages: The plaintiff must have suffered a loss that can be financially compensated.
- The plaintiff’s injuries can vary from property damage to lost wages.
Even in cases when these four elements are proven, the defendant may still be able to reduce how much the defendant will have to pay. The element descriptions above are general. Specific definitions applied to hotel guests include:
- Duty: The guest must be a paying customer of the hotel, which creates the duty.
- Breach: The hotel must have breached their duty by engaging in something or not taking a certain action, such as not fixing an unsafe condition on the property.
- Causation: The hotel must have directly caused the issue or injury suffered by the guest.
- Damages: The guest must have suffered an injury or had property stolen that entitles them to a monetary damages award for their losses
For more information on the specific requirements for hotel negligence cases in Texas, an individual should consult with a Texas lawyer.
What Duties Does a Hotel Owe Its Guests Under Texas Law?
The duty of a hotel to its guests is to meet industry standards of reasonable care for patrons. This broad definition has, over time, been narrowed down to a list of activities that guests can expect from a hotel.
Common duties that hotels must uphold to ensure the safety of their guests include:
- Making sure there is security as needed
- Hiring enough staff and train and oversee them properly
- Taking prompt care of any health and sanitation issues
- Keeping the hotel and hotel grounds in a safe condition for guests
- Staying aware of any unsafe conditions, make repairs swiftly, and inform guests of any possibly unsafe conditions until repairs can be made
- Making sure all locks on guest room doors function properly
What Are Some Common Examples of Hotel Liability to Guests in Texas?
There are several common examples of hotel liability to guests in the State of Texas based on negligence, such as:
If a guest is injured during their stay on hotel property, they may be able to bring a claim against the hotel
- A guest who has items stolen from their room may make a claim
- If a crime was committed against a hotel guest
- Insect infestations, such as bed bugs
- Stairs or elevators that need attention
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What Damages Can I Recover in a Hotel Lawsuit in Texas?
If a hotel owner or operator is found to be negligent based on breaching their duty of care to prevent an accident, crime, or injury from occurring on the property, the plaintiff can be awarded damages. Hotel liability for crimes will be based on the specific circumstances of the situation.
The damages that a plaintiff may be able to obtain include:
- An award for pain and suffering
- Future and present medical bills
- Lost income or loss of earning capacity
- Punitive damages
- Punitive damages can be high as they are meant to punish the defendant
In addition, the court may order a hotel owner to repair dangerous conditions that resulted in injuries.
Are There Any Defenses to a Hotel Negligence Claim in Texas?
Yes, there are defenses that a hotel may be able to present against a negligence claim in Texas. One of the most effective defenses is proving that the hotel was not negligent by proving that the plaintiff did not prove all four elements of negligence.
Other common defenses that a defendant may be able to present include assumption of the risk and contributory or comparative negligence. Assumption of risk can be used as a defense when a plaintiff knows about a risk and disregards that risk, resulting in their injuries. A plaintiff will not be able to recover damages if they voluntarily and knowingly assumed the risk.
Contributory and comparative negligence can be used to reduce the amount that a defendant is required to pay. In these situations, the plaintiff contributed to their injury in some way.
There are some states that follow the contributory negligence theory. This means a plaintiff is barred from recovery if they play any part in their injuries.
In other states, the doctrine of comparative negligence is used. This means that the trier of fact will determine the percentage of liability for each party.
The plaintiff will not be totally barred from recovery if they contributed to their injury. Instead, the damages they are awarded will be reduced by the percentage of responsibility that the trier of fact assigned to them.
Can a Hotel Be Held Liable for Employee Actions in Texas?
Yes, a hotel may be held liable for employee actions in Texas if an employee causes injury to a guest or steals property from a guest under the legal theory of vicarious liability. The hotel does not have to have any advanced knowledge that the incident may occur.
The guest would just need to show that the hotel was not careful enough about who they hired or did not properly supervise their employees. So long as the employee engaged in the conduct at issue within the scope of their employment, or within the course of their job duties, their employing hotel may be held liable.
Do I Need a Texas Lawyer for a Hotel Liability Claim?
If you were injured or you had some of your property stolen when you were staying in a Texas hotel, you may have a claim against that hotel. To find out what claims you may have, it is important to consult with a personal injury attorney in Texas.
Your lawyer can advise you of your rights, evaluate the possibility of a claim based on the facts of your situation, and explain your legal options. You can use LegalMatch’s free lawyer matching services to quickly and easily find a personal injury lawyer in Texas who can help you obtain the compensation you deserve.
