Documenting Injuries and Incidents in Hotel Premises Liability Cases

Are Hotels Liable for Injuries?

Hotels may be liable for some injuries on the premises. Whether hotels are liable depends on the factors surrounding the accident and injury.

Scenario One: Closed Pool

Suppose a hotel guest notes that the outdoor pool is roped off and a ‘closed’ sign sits at the entrance to the pool. The guest remembered that the front desk staff had told them the outdoor pool was closed that day and would reopen the next day. However, the pool is filled with water and looks clean. The guest decides to ignore the sign and jumps into the pool. The guests’ skin and eyes sting, and they develop a rash. A doctor determines they’ve been exposed to high levels of chlorine. The guest decides to file a premises liability case against the hotel.

The hotel can argue that it took appropriate steps to close the pool and notify guests that they could not use it. The courts agreed that the hotel made a reasonable effort to do so. Therefore, the hotel is not liable for damages.

Scenario Two: Cannonball

Suppose a family staying at the hotel decides to go swimming. The pool is open, and a lifeguard is stationed there. The family gets in the pool and is enjoying their time. However, another guest arrives and starts cannonballing into the pool near your youngest child.

The pool rules state guests are not to cannonball into the pool. Your young child is scared, and you move to another part of the pool. The person cannonballing moves to that area and jumps in again.

You ask the lifeguard to stop the person from cannonballing. The lifeguard says they will. You return to the pool and notice the lifeguard hasn’t left their chair. The other guest cannonballs again. You don’t realize until they surface that you can’t see your youngest child. Then you notice your child’s at the bottom of the pool. Someone yells that the cannonballer hit them when they jumped in. You call for the lifeguard, but they don’t respond. You get your child out of the pool, but your child suffers brain damage from oxygen deprivation.

In that case, you have grounds to file suit against the hotel because they failed to ensure guest safety by enforcing posted rules, and their lifeguard failed to perform their duties. 

What Is the Damage Clause in a Hotel?

All guests agree to terms when they stay in a hotel. Hotel contracts include a damage clause, which mitigates the hotel’s liability if the guests are responsible for property damage that results in a hotel premises liability case. 

Consider the cannonball scenario. Suppose the lifeguard had warned the cannonballer. The cannonballer ignored the warning and cannonballed into the pool again. The lifeguard tells them to leave the pool and calls hotel security. The cannonballer gets out but jumps in again and hits your child. The lifeguard responds immediately and pulls your child from the water, but they still suffer injuries.

In that case, the hotel may not be liable; however, the guest cannonballing into the pool may be liable for your child’s injuries.

Steps To Take After a Hotel Accident

Taking appropriate steps can protect your legal rights and ensure you receive justice for your hotel accident. Although hotels are responsible for maintaining safe premises, you must prove they failed to take reasonable steps to ensure guest safety to win a premises liability claim. Documenting your injuries and relevant incidents is crucial to any premises liability lawsuit. 

Steps you should take after a hotel accident include:

• Filing a report: Notify hotel staff immediately and report the accident and injuries. Hotels should have an incident report process in place and complete the report. You should ask for a copy of any paperwork filed.
• Documenting your accident: Use a smartphone to record video of the scene and take pictures. Collect contact information for witnesses present and note what happened before, during, and after the accident. 
• Seeking medical treatment: Do not assume you know the extent or nature of your injuries. You may have fractured bones or internal damage that isn’t immediately apparent. Seeing a doctor ensures you receive appropriate treatment, and your medical records will also be crucial to any liability claim.
• Calling a lawyer: Hotel injury lawyers are personal injury lawyers with experience handling hotel premises liability cases. They offer free consultations and will advise you of the steps to take while at the accident scene.
• Letting your lawyer speak for you: Your lawyer will handle discussions with the insurance companies, advise you of your rights, and tell you when you do and do not need to answer questions about your accident.

Reasons to File a Hotel Accident Premises Liability Claim 

Filing a premises liability claim may be the most effective way to hold the at-fault party accountable. Filing a claim also allows you to seek economic and non-economic damages to reimburse you for your expenses and compensate you for your suffering. 

How Can a Premises Liability Lawyer Help After a Hotel Accident?

Hiring a Las Vegas premises liability attorney ensures you have expert legal guidance as you fight for compensation. Adam S. Kutner’s legal team will investigate your accident and prepare your case while you focus on recovering from your injuries. We’ll fight to get you the justice you deserve for your hotel premises liability claim.

Sources:

Hotels & Motels in the U.S. – Market Size (2005–2030). (2024). 

Report: The States Where Hotels Are Making the Most Annual Revenue. (2022).