Bed-And-Breakfast Accidents

A bed-and-breakfast is usually a small lodging establishment hosted in old, charming homes and maintained by owners. The name “bed-and-breakfast” came from offering a bed to sleep in and a delicious morning breakfast in these quaint accommodations. While they differ from a traditional hotel in size and occupancy, they are similarly required to operate in safe and sanitary conditions. Permits for kitchen cooking are required per the Nevada Department of Health. Innkeepers of these public facilities can be held liable for any accidents that occur on their bed-and-breakfast premises.

What are bed-and-breakfast premises liability cases?

A bed-and-breakfast premises liability case is when a person sustains an injury on the property location due to a dangerous or hazardous condition. An accident can be caused for a variety of reasons. Some of these are:

• Failing to provide adequate warning where a hazard could occur, i.e., not putting a “wet floors” cone or warning signs nearby
• Not operating the establishment to code regulations
• Not fixing problems as soon as possible (leaving problems unaddressed is negligence)
• Not having adequate staff for maintenance and/or security
• Not conducting regular inspections to find any potential problems

Property owners are required to have a reasonable standard of care present on the premises at all times. It comes under the legal term “duty of care.” If a property owner becomes negligent in taking proper care of the premises, it opens them up to liability damages.

Who is liable for bed-and-breakfast injuries and damages?

Per Nevada law, NRS 651.015, the duties and liabilities of innkeepers state that an innkeeper of said lodging can be held liable in the event of an injury or death of a person on premises. A court would have to determine if the wrongful act was foreseeable and if the owner/innkeeper failed in that regard.

Is there a difference in bed-and-breakfast legal claims?

There has been discussion on whether a bed-and-breakfast is similar to an Airbnb. The difference between the two is the definition of what kind of legal claims a person can bring against a bed-and-breakfast establishment. The biggest difference between the two is that a bed-and-breakfast (B&B as they are commonly known) offers a full breakfast as part of the package. Rarely does an Airbnb provide a full complimentary breakfast.

An Airbnb is considered a rental for a room in a home or apartment or renting the whole thing. Airbnb is considered an online travel agency that is regulated differently than a stand-alone bed-and-breakfast. B&Bs have to adhere to state and local laws and health department regulations. Therefore, you have more legal guidelines to follow to prove injury when bringing a legal claim against a B&B. 

Proving negligence of a bed-and-breakfast owner

Here’s an example: Let’s say you slip and fall down the stairs at a bed-and-breakfast and break your leg. Some questions might arise afterward: Whose fault is it? Who will pay for your medical costs? Who will pay for other expenses and losses you incur as a result of your injury?

The bed-and-breakfast’s premise liability insurance would typically pay for your damages, but it is in their best interest not to pay or to lowball an amount that might not cover your losses. They will try to assign you fault, avoiding negligence by the owner who had damaged or uneven stair steps, causing you to lose your balance and fall. The insurance company may try to show you ignored a warning sign at the top of the stairs or that you were drunk or carrying a suitcase that was too heavy.

In other words, it’s not always a matter of a clear-cut case when there is an accident on the premises of a bed-and-breakfast. This is why it’s imperative you contact an attorney who handles these types of legal claims to argue your case and win you the compensation you deserve. Our legal team stands ready to answer your questions, especially as they relate to the slip-and-fall settlements used in our example.

Other types of bed-and-breakfast personal injury lawsuits

A person can suffer a bed-and-breakfast injury in other ways, too. Examples could be a food injury where the food wasn’t cooked sufficiently, leading to severe illness. Or a person could suffer trips and falls in the parking lot due to potholes and bumps not seen at night while unpacking the car. Many bed-and-breakfasts have swimming pools, and if they are not maintained sufficiently, it can lead to people getting infections. Or worse, there could be accidental drownings due to insufficient aid nearby, such as a lifeguard or help instructions.

Another example could be very hot water coming out of the pipes in the bathroom, emitting scalding water, causing severe burns to a person. The list can go on with various possible causes leading to a bed-and-breakfast personal injury lawsuit. Your best bet is to contact us to discuss your situation to see if you have a legal claim against a bed-and-breakfast.