Hotel Liability: When Can You Sue a Hotel for an Injury?
You check into a hotel to relax, not to end up hurt. But slippery pool decks, broken stairs, poor lighting, and lax security cause guest injuries every year. When a hotel fails to keep its property reasonably safe, it can be held responsible. Here is when, and what you would need to prove.
A hotel can be liable for a guest injury when its negligence caused the harm, for example, an unsafe condition it knew about or should have discovered and fixed. This falls under premises liability, and you generally must show the hotel knew or should have known about the hazard.
Common hotel hazards
- Slip and fall hazards: wet pool decks, slick bathrooms, and unmarked spills.
- Broken stairs or railings and uneven walkways.
- Poor lighting in stairwells, hallways, and parking areas.
- Negligent security that leads to assaults or theft.
- Unsanitary conditions, bed bugs, or contaminated pools and hot tubs.
What you must prove
A hotel is not automatically responsible just because you were hurt on the property. Premises liability generally requires showing:
- The hotel owed you a duty to keep the premises reasonably safe.
- A dangerous condition existed.
- The hotel knew or should have known about it and failed to fix or warn.
- That condition caused your injury and damages.
What to do if you are hurt at a hotel
Report it to management
Ask that an incident report be created and get a copy if you can.
Document the scene
Photograph the hazard, your injuries, and the surroundings before anything is cleaned up or repaired.
Get medical care
See a doctor promptly. It protects your health and connects the injury to the incident.
Keep your records
Save receipts, correspondence, and witness contact information, and talk to an attorney.