When we pay a hotel for a place to stay, we should be able to do so without concern for our safety. For this reason, the owners of the hotel have a legal responsibility to maintain the property and eliminate any hazards that might pose a threat to the guests. This responsibility is called premises liability, and any guests who are injured by a hazard in a hotel may be able to seek compensation through a premises liability claim.
Hotels generally have a duty to monitor and maintain their property with reasonable diligence. If the staff of a hotel are aware of a hazard, be it tripping, slipping, electrical, or otherwise, they are expected to act promptly to eliminate it. Even if the hotel is not aware of a hazard, if they have not been regularly checking than they may still be held responsible.
In order to win a premises liability claim, you will need to prove that the hotel was negligent. Negligence, in simple terms, means that the hotel acted carelessly. To prove negligence, you must demonstrate three elements:
- The hotel had a duty of care to the guest, meaning that they owed it to the guest to ensure that there was nothing that could hurt them in the building.
- The hotel breached that duty by failing to address a hazard.
- The hotel’s breach of duty was the actual cause of measurable injury to the guest.
To claim negligence, you must prove all three of these elements. This is why it is important to note that you must have sustained actual injury in order to win a premises liability case. It is not enough that there was a hazard that might have harmed you. Though this may seem like a simple matter in concept, in practice it is much more difficult.
If you have been injured by a poorly maintained condition in a hotel and believe you have a premises liability case, you should contact a skilled attorney, like a premises liability attorney Dekalb County GA can count on, in your area. An attorney with experience in premises liability will be able to analyze the factors of your case and determine what path will be best for you. Especially if your injuries are severe, you deserve compensation. Someone else’s carelessness should not be your burden to bear alone, and your attorney can help ensure that you make back every dime you spent in order to recover from the injuries you sustained.
Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into premises liability at hotels.