What Should You Do if You’re Injured at a Hotel?

As travel restrictions continue to ease, more and more people are vacationing and enjoying the comfort of a hotel. While this is great for hotels – and the economy – with it comes more responsibility for hotel owners once again.

When you are a hotel guest, you have essentially been invited to stay at the hotel. Under the law this makes you an invitee. And since invitees are entitled to the highest amount of protection, hotel owners are held to higher standards as well.

Hotel owners have a legal duty to protect their guests from accidents that can be prevented. So, when exactly does the guest of a hotel (or any recreational establishment) have a claim for injuries incurred on the premises?

Whether slip-and-fall accidents, drowning accidents, or another serious accident with severe consequences, hotel injuries commonly occur. While some happen as the result of a guest’s carelessness, other times they occur because of reckless or negligent circumstances created by the hotel staff and/or management.

When a vacationer suffers an injury at a hotel as the result of the hotel’s recklessness or negligence, the hotel owner may be to blame for the injuries and may be held liable for the losses of their guest.

When Might a Hotel Owner Be Held Liable for the Injuries of a Guest?

As mentioned, hotel owners have a legal duty to ensure the safety of their hotel gusts by maintaining the property in a safe condition. Put simply, under the law a business owner (in this case the hotel owner) must protect his or her customers (guests) from unnecessary and unforeseeable dangers on the premises of the business.

When a hotel owner fails to maintain the safe conditions of the hotel property, this may be negligence. Should a guest suffer an injury because of this failure, they may have a valid personal injury claim. Since there is an expectation of safety while at a hotel, it only makes sense that in such a case the negligent hotel owner would be expected to compensate the injured guest for his or her damages, such as:

● Medical bills

● Rehabilitation costs

● Lost wages

● Pain and suffering

Like any property, there are a wide variety of accidents that guests may suffer while on the premises. Although some accidents aren’t foreseeable and can’t be prevented, others are more commonly occurring, such as:

● Slip-and-fall accidents

● Drownings and swimming pool accidents

● Injuries and illnesses due to bed bugs

● Food-borne illnesses

● Accidents occurring due to negligent security

Is a Hotel Owner Responsible for an Employee’s Negligence?

When hotel employees are negligent in their actions, the hotel owner may also be held liable. This is known as “vicarious liability.” Put simply, if a hotel employee acts negligently and causes a guest to suffer an injury, the guest may then file a claim against the employer instead of the employee in question. The only catch is that the employee must have been engaging in activities that would be considered within the scope of his or her job.

What Should You Do if You’ve Been Injured at a Hotel?

If you or a loved one suffers an injury at a hotel due to the recklessness or negligence of the hotel owner or employees, it’s extremely important that you document the specific circumstances of the accident. In other words, the victim should document things that may have contributed or caused the injury. You can document the circumstances by:

● Taking pictures

● Taking videos

● Filing a report with the hotel

● Obtaining the names and personal contact information of any witnesses

Documentation is so important, as the more you document, the more proof you will have available should you choose to pursue a claim for your injury. For instance, if the hotel failed to warn that a floor was wet and you slipped and fell, injuring yourself, you (or someone else you’re with) may want to take a variety of pictures from different angles of the water and the lack of signage.

It’s also important that you consult with a knowledgeable personal injury attorney who has experience in premises liability. He or she may be able to help explain your options and fight for you to obtain the compensation that you deserve.

Robert BatesRobert is a Kingsport trial lawyer who handles car, truck and motorcycle wreck cases across the Tri-Cities. Every client gets his cell number.