Can You Sue a Hotel for Negligence?
- You can sue a hotel for negligence if you were injured due to unsafe conditions which the hotel should have reasonably prevented.
- In a lawsuit against a hotel, you may seek compensation for both economic losses and non-economic losses.
- To establish a hotel’s negligence, it’s essential to gather evidence such as photos, witness contacts, and medical records.
If you were injured due to problems such as unsafe conditions, you might have grounds to sue a hotel for negligence. You can ask for damages for your physical, financial, and psychological harm. In limited cases, you may also file for punitive damages.
The award-winning California personal injury attorneys at Cutter Law have over 130 years of combined experience and a history of positive results for our clients. Suing a hotel for negligence is a complex task, and our attorneys have the knowledge, background, and experience to help you fight against the corporations and insurance companies involved in hotel negligence claims.
Examples of Negligence by a Hotel
Hotels have a duty to reasonably protect their guests from harm. This duty includes proper maintenance and oversight of the building and complying with all federal and state safety laws. Examples of what you can sue a hotel for include:
- Failure to maintain safe premises: Broken furniture, staircases with broken handrails, damaged carpet, uneven flooring, and potholes in parking lots are examples of unsafe premises.
- Inadequate security: A lack of proper lighting, inadequate security in a high-crime area, and poor locks can all lead to guest injuries.
- Failure to warn guests of dangers: Hotels have a legal duty to warn guests of hazards such as wet floors, areas under construction, or pools. Â
- Uncleanliness: Bed bugs and poor kitchen conditions are examples of hotel conditions that may make guests sick.
- Staff misconduct: Hotels are usually responsible for their staff’s actions while on duty and may be negligent in hiring or training practices.
- Inadequate fire safety: Lack of fire warning systems and poorly marked exits are examples of how a hotel may be responsible for harm caused by a fire.
Each case is unique, and your circumstances could dictate other reasons to sue a hotel. Our experienced attorneys have an in-depth knowledge of California premises liability laws, so we can determine whether you have a case and how to move forward.
Our client sued a Marriott/Springhill Suites after they installed the wrong tile on an outdoor walkway. It rained that day and our client slipped and fell. The case settled for $350,000.
Types of Injuries You Can Claim
There are several ways you can be hurt on a hotel property. Injuries may happen in the hotel, its parking lot, the pool, or other areas under the hotel’s control. Common types of injuries that often result from hotel negligence include:
- Slip and fall injuries, including on wet floors, damaged carpets and flooring, poorly maintained escalators and elevators, uneven sidewalks, and other hazards
- Swimming pool accidents
- Bathtub and shower accidents
- Falling objects
- Health problems, such as bed bug bites and food poisoning
- Assaults injuries, including sexual assault
- Burn injuries
- Wrongful death
Evidence To Prove a Hotel Was at Fault for Injuries
You need several pieces of evidence to establish a hotel breached its duty of care to you and that its actions or inactions caused you harm. Always seek medical attention first, but when possible, take steps such as the following:
- Fill out incident reports.
- Collect contact information from witnesses.
- Take photographs and video of the hazardous condition.
- Report the incident to the police if you were the victim of a crime.
- Keep all medical records and bills to establish your injuries and damages.
Your evidence must cumulatively prove the three elements of unsafe conditions under California law, namely:
- The hazard created an unreasonable risk of harm.
- The hotel knew or should have known about it.
- It failed to repair, remove, or warn you against the hazard.
Our attorneys will help you gather the necessary evidence and request more, such as security camera footage and maintenance records. We will also interview witnesses and, when necessary, rely on our trusted team of local experts to bolster your claim.
“My advice is to make sure to report the incident to the hotel as soon as possible. It is also helpful to take photographs or gather other documents that may be evidence in the case later on.”
Available Damages in a Hotel Negligence Lawsuit
You can pursue economic and non-economic damages when suing a hotel for negligence. You may pursue compensation for the following losses, among others:
- Medical expenses and rehabilitation costs
- Lost wages and future earning capacity
- Expenses related to modifying your vehicle or home to accommodate your injuries
- Home nursing or other care
- Pain and suffering
- Emotional trauma
- Loss of consortium
You can also pursue punitive damages in limited cases where the defendant acted with oppression, fraud, or malice. It is not easy to win punitive damages, but our attorneys will fight for them to increase compensation when appropriate.
Is There a Deadline To Sue a Hotel for Injury?
California has a two-year personal injury statute of limitations that applies to most cases involving hotel negligence. If you do not file your case on time, a judge will likely dismiss it. Notifying the hotel you intend to sue is different from filing a lawsuit. If you negotiate with its insurance company and the two-year deadline passes, you likely can no longer receive compensation through the courts.
There are some exceptions to the statute of limitations, but you cannot count on a judge to grant you an extension. Put our accomplished attorneys to work as quickly as possible so we can collect evidence, start negotiations, and file your case within the statutory limits.
Why Trust Cutter Law To Handle Your Hotel Injury Case?
We are a small, family-owned law firm with local roots. Our attorneys understand how injuries, mounting medical bills, and stress affect everyone in your household. We focus on your and your family’s story to paint a complete picture of your losses due to hotel negligence. We value open communication with our clients and will keep you informed about your claim every step of the way.
Our commitment to our clients shows in our case results, including a $10 million settlement over a trip and fall that resulted in significant injuries. We have recovered hundreds of millions of dollars in verdicts and settlements for our clients. Our results have won our attorneys local and national acclaim, including recognition from Best Lawyers, “Ones to Watch,” Super Lawyers, and the Capitol City Trial Lawyers Association.Â
Victims of negligence deserve skilled representation, and we offer free case evaluations. We work on a contingency fee basis, meaning our fee comes from the compensation we recover for you. If we don’t win, you owe us nothing. There is never any upfront cost to you. Contact us today for a no-obligation, free consultation.
Frequently Asked Questions
It is not unusual to have questions about how to sue a hotel for negligence. These are some of the more common we hear from our clients.
Can I Sue a Hotel for Emotional Distress?
You can claim emotional distress related to your injuries as part of your request for non-economic damages. Proving psychological damages is more complex than physical, but our experienced attorneys have a history of doing so.
Do I Need a Lawyer to Sue a Hotel for Negligence?
You do not have to have a lawyer to sue a hotel for negligence, but you then face complex California premises liability alone. It is best to have an experienced attorney determine the extent of your damages and to deal with insurance companies who want to minimize settlements.
How Much Does It Cost To Sue a Hotel?
We offer free consultations and take our cases on a contingency basis. If we win your hotel negligence settlement or verdict, you pay us a pre-agreed percentage. You pay nothing if we don’t recover compensation for you.
What if My Injury Occurred at a Hotel in Another State?
If you were injured at a hotel in another state, talk to an experienced attorney about where to file your suit. You may be able to file in California, but that is not necessarily the best option.
Brooks has a long-established, respected reputation as a skilled trial attorney and a record of proven success.
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