When you go to a hotel, you expect to be treated well. But sometimes things do not go as planned. This is why it is good to know what steps to take after you are injured while staying in a hotel. Additionally, there are many ways in which guests can be injured while staying at a hotel. Slip-and-fall accidents, assaults by other guests and/or third parties, and defective recreational facilities are three of the ones we most commonly see.
Steps to Take After You Are Injured at a Hotel
If you are injured at a hotel, the first thing you need to do is attend to your injuries. After you have attended to yourself, be sure to contact the management office and file a report of your accident. Most hotels will have a special form for you to fill out. If they will provide it, request a copy for your records. (Some will not, but it never hurts to ask.) After you have made your report, the third step is to consult a Board Certified Personal Injury Trial Lawyer in Houston TX. Can you file a claim on your own and see if they will be nice enough to accept responsibility? Sure. Are they obligated to tell you that while they are dragging their heels, they can legally destroy critical video evidence that you have not requested via a preservation of evidence letter? No. Do not get taken advantage of. Talk to a Houston premise liability lawyer and get a free consultation regarding your rights before you lose them.
Slips, Trips, and Other Falls While at a Hotel
Injuries due to dangerous conditions on the premises are very common at hotels. Whether by the pool, in your room, or in an entryway, slip-and-fall accidents happen all the time in apartment complexes. Trip-and-fall accidents are also common but typically due to elevation changes or hazards left in walking areas. Some of the common causes of slips and trips on hotel premises include:
- Broken, missing, or inadequate handrailing
- Dim or inadequately lit stairwells or hallways
- Inadequately marked steps in a swimming or pool area
- Recently mopped or waxed floors with no signage
- Debris, electrical wires, or loose objects in walkways
- Loose carpet, rugs, or tiles on the floor
- Spills in the hotel restaurant or bar
- Fractured, cracked, or uneven sidewalks and walkways
- Slippery surfaces near a hot tub or pool
- Snow or ice on sidewalks or parking lots
It is important to know that not every slip or trip and fall is due to hotel employee negligence. Additionally, falls caused by a natural accumulation of snow, ice, or rain are not considered actionable slip and fall cases under Texas case law. Due to these and other nuances in Texas law, it is wise to speak to a Texas slip-and-fall attorney about your case.
Assaults by Other Guests or Third Parties
When an injury is caused by the criminal conduct of another guest, this can further complicate matters. A hotel is generally not responsible for the actions of a third party beyond their control unless the conduct is foreseeable. Even when they can be sued for an exception to this, they can point the finger at the third party, even if that person’s identity is unknown. That said, there are a few circumstances where the injury is foreseeable, and the hotel may be liable. These include negligent security claims, negligent hiring claims, and human trafficking cases.
Negligent Security Claims Against Hotels
When a hotel is in an area known for high crime, a duty may arise to warn or protect patrons. In Texas, these types of cases are often very difficult to prevail in. As a general rule, to hold a business liable for a sexual assault, you must show that there were significant reports of similar crimes in the area and that the hotel took no action to protect a patron.
While this does not sound that complicated, there are two main catches that make these cases tough. First, the crimes have to be very similar. For example, crime reports of vehicle break-ins will not justify imposing liability for a sexual assault in the parking lot. Second, the hotel gets to point the finger at the assailant who commits the crime. Since the jury is likely to impose a high degree of responsibility on the person who commits the intentional act, this can reduce or eliminate any recovery against the hotel.
Negligent Hiring Claims Against Hotels
When a hotel puts someone in a position to have access to customer’s rooms, there is a duty to exercise reasonable care in hiring a responsible person for the position. This includes a duty to screen individuals for things such as a criminal history before they hire them. If you are sexually assaulted by a hotel employee, a sexual assault lawyer may be able to investigate the individual’s background and hold the hotel liable for negligent hiring. This sort of criminal conduct should be reported to the police immediately as well.
Human Trafficking and Hotels
Human trafficking has become a major problem across the United States. From spas acting as fronts for brothels to major hotel/motel chains and truck stops getting sued for turning a blind eye, human trafficking has infiltrated the entire country. When a hotel ignores the red flags like underage girls of different nationalities with adult men checking in, numerous men coming and going to the same room, and other signs of sex trafficking, the hotel may be liable under state and federal anti-human trafficking laws. A human trafficking lawyer can advise you on whether your situation may suggest that the hotel ignored the signs to make more money.
Injuries From Fault Recreational Facilities
When a hotel provides you with recreational facilities like a hotel pool or an exercise room, there is an implied warranty that the facilities are safe to use. This creates a duty on the part of the hotel team to conduct reasonable inspections of the facilities to make sure they are in a safe working condition. Defective pool drains, damaged slides, and broken diving boards are all examples of things that can lead to a swimming pool accident that is preventable with responsible conduct. Unsafe exercise equipment can cause injury to unsuspecting patrons. Each of these may form the basis of liability if they were left in a state of disrepair for longer than is a reasonable time to find and repair.
Conclusion
There are many ways that you can be injured at a hotel. Some of these are preventable injuries that the hotel may be liable for while others may not be. Thus, talking to a personal injury lawyer who handles hotel injury cases is the first thing you should consider after suffering from an injury at a hotel.
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