Can You Sue a Hotel?

Jeffrey R. Davis

If you suffered injuries while staying at a hotel, you may wonder: “Can you sue a hotel?” The answer is yes — as long as you can prove that the hotel’s negligence led to your injuries.

Common Reasons To Sue a Hotel

You can sue a hotel if it was negligent in your accident. Below are a few instances of hotel negligence that could provide grounds for a lawsuit. 

Slip-and-Fall Accidents

Slip-and-fall accidents are an example of premises liability. Hotels have a duty of care to maintain safe environments for guests, which includes removing or warning of potential hazards involving flooring. The hotel may be negligent if you slipped on a wet floor that was not properly marked or tripped over bunched or torn carpeting. 

Negligent Security

Hotels have a duty to prevent harm to guests when they can reasonably do so. If a hotel is in a notoriously dangerous area where criminal activity has occurred in the past, it may have a duty to employ security personnel and surveillance cameras. It should also ensure that all rooms have working locks so guests can secure them. 

If a security incident led you to suffer monetary or physical damages, the hotel may be held liable and be required to compensate you. 

Drowning

While hotels aren’t required to keep lifeguards on duty, they should have reasonable safety measures in place for pools. These may include:

  • Stocking life preservers nearby
  • Posting warning signs
  • Locking the pool after hours
  • Maintaining an emergency phone

If any of these measures were not in place and a drowning occurred, the hotel could be liable. 

Proving Negligence in a Hotel Lawsuit

Can you sue a hotel? Yes, but to prove that a hotel was negligent or liable in your accident, you and your attorney must provide evidence of these four elements:

  • The hotel owed you a duty of care
  • The hotel breached that duty of care
  • An accident occurred due to the breach 
  • You suffered injuries in the accident 

As a guest, the hotel already owes you a duty of care. You and your attorney will need to gather evidence showing that the hotel breached its duty of care to you. This may involve:

  • Referencing other lawsuits in which the hotel was found negligent
  • Reviewing photos and video footage of the accident
  • Speaking with other hotel guests and anyone who witnessed the accident

What Compensation Can You Seek in a Hotel Lawsuit? 

Your attorney can help you seek both economic and non-economic damages in a hotel lawsuit. Economic damages cover the direct expenses from the accident, such as:

  • Medical bills
  • Property damage
  • Time off work
  • Loss of earning capacity

They can also help you pursue damages for the non-economic consequences of the accident, such as:

  • Pain and suffering
  • Loss of quality of life
  • Emotional Distress

Can you sue a hotel? Jeffrey R. Davis, P.A., can help you determine whether you have a case against a hotel and provide legal representation in Miami. Contact us today at (305) 577-3777 for a free case evaluation. 

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