A Hotel’s Liability and Duties of Care

Personal Injury Lawyer

As 2021 comes to a close people are getting their final vacation days in, enjoying what the year has left to offer. Whether it’s a sojourn to the sea or a trek into the mountains, there’s no question that after their travels that people will be awaiting to settle into their hotels or other lodgings. When people pay for their rooms. They’re doing so with the expectation that they’re walking into a clean, safe room with all the basic hygienic and entertainment amenities needed to enjoy the day no different than if they were at home. This is why it’s incredibly unfortunate when one happens to get injured at a hotel during their vacation and why depending on the situation and circumstances, you have every right to sue the property owner if they fail to ensure your safety on the property.

Just like any other business, a hotel owes you a duty of care: an obligation to ensure your safety from the numerous possible threats and hazards that could occur on their property. Hotels are specifically unique in that unlike a grocery store that provides a few services. Hotels provide many services and the amount of services that they provide can increase with the size and type of the hotel. And more services mean more potential hazards to look out for and prevent. Here are a few duties that hotels need to uphold their duty of care:

  • Maintaining proper security and security protocols to avoid assaults and thefts on guests
  • Maintain locks on hotel rooms and safes
  • Maintain proper functioning of elevators and structure of stairs
  • Control and eliminate any bedbug or other insect infestations
  • Prevent any pool-related accidents
  • Express care and caution in hiring personnel and staff

When a hotel fails to perform any of these duties or fails to make attempts alleviate these conditions, much less warn hotel guests of the potential hazards that are posed, this is identified as a breach of duty leaving them open to liability to any injuries that guests experience as a result of that breach.

That said, its important to point out that in order to sue a hotel for negligence, the hotel’s negligence must be the cause of your injury, not someone else’s. For example, if you’re going on vacation with your kids and your toddler spills their drink which you slip on shortly afterward the hotel is not liable. They are liable however, if room service happens to be walking by, sees the spill and does nothing to remedy the hazard or place warning indicators in the area until the hazard is cleared.

If you were hurt in an accident on a hotel or resort’s property, speak with an experienced personal injury lawyer, such as one from the Eric Roy Law Firm, right away.

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