Slip-and-Fall Accidents at Hotels or Motels
Most of the time, hotel managers and employees strive to make their facilities feel like home for travel-weary guests. However, it’s important to keep in mind that, no matter what other amenities are offered, providing basic necessities like cleanliness, proper maintenance and safety should be of paramount concern for hotel owners.
Unfortunately, hotel operators are not immune to the siren song of cost cutting. It’s a fact of life: Proper upkeep costs money, and some hotel owners choose to cut corners by waiting to replace or repair aging buildings, parking lots and sidewalks. Floor tiles chip and crack, carpets are left to fray and bathroom areas are not checked for slip and fall hazards.
Still, no cost should be spared to ensure customer safety. Slip-and-fall accidents can have a sudden, devastating effect on the lives of the victims. Those victims have a right to seek compensation for the costs related to their injuries when hotel
negligence results in pain, doctor’s visits, hospital stays, rehab and lost work time.
Slip-and-fall hazards at a hotel could include:
- Ripped, torn, frayed or damaged carpeting, rugs and floors in the guest rooms, hallways, lobby, vending areas, laundry areas, pool, restaurant and other public areas in the hotel
- Unsafe bathtubs or showers, including a lack of bathmats to keep the bathroom floor from becoming slippery
- Unsafe, damaged or improperly repaired furniture
- Housekeeping items presenting obstacles in hallways
- Failure to keep outdoor areas free of ice, water or debris
- Failure to ensure lobby and other tile floors are dry and free of debris, including food and drink spills
How An Injury Can Happen In A Hotel
There are various ways that people can become injured when they stay at a hotel. One of the most common ways that people are injured at a hotel is when the lobby is not kept clean and dry. When the weather is bad and people are coming and going lobby floors can get very slippery.
If they are not mopped often and kept clean and dry they are a major hazard for guests.
Another common way that injuries happen in a hotel is in the bathroom. If there are not proper safety handles installed in the shower people can easily slip and fall in the shower or on a wet bathroom floor. Maintaining a safe environment is the duty of the hotel and if they don’t provide guests with a safe environment they can be liable for any injuries that affect their guests.
The Evidence Needed To Prove Negligence
Proving negligence on the part of a business requires a certain amount of evidence. The amount of evidence and the type of evidence varies from case to case but when you have an accident and are injured you should start gathering evidence as soon as you can.
That way you can document the scene of the accident and get witness statements while the incident is still fresh in the minds of witnesses. In general the best types of evidence to gather to prove your claim are:
Photos
Photos of the scene of the accident, especially if they show the conditions that caused the accident like a wet floor, are essential. You can also use your phone to take video of the accident scene from several angels showing the hazard that caused the accident.
Security Tapes
Every hotel will have security tapes that can be used as evidence. If your accident occurs in a public area like the lobby of the hotel there will be security tape footage that you can use as evidence.
Medical Documentation
Getting your injury documented medically is extremely important. If you win your claim you can get your medical bills paid and get damages for pain and suffering but the court will need to know the extent of your injuries. Always seek medical care after an accident in a hotel or other business.
Witness Statements
Witness statements are important pieces of evidence because they corroborate your version of the accident. If you can talk to witnesses immediately after the accident. Make sure that you get their names and contact information. Have them write down a statement or use your smartphone to get them telling what they say on camera.
How Damages Are Calculated
When you are awarded damages for being injured in a public place like a hotel the damages will be awarded based on two factors: you medical bills and your pain and suffering. Your medical bills are straightforward and you will be awarded the cost of all of the medical bills that have accrued.
Damages for pain and suffering are subjective and are based on the injury itself, how much time it will take to recover, and what permanent damage, if any, was done.
Real Life Example
An Illinois couple filed a lawsuit arising from a February 1991 fall at a Days Inn in Chicago. One of the plaintiffs alleged that he fell while working as a waste hauler. The man claimed he fell onto a chain link fence on the Days Inn property from which a pipe was protruding. The plaintiff said he had previously reported the dangerous fencing to hotel staff, but the pipe was never repaired. Although he also reported the injury to hotel security, which allegedly helped him clean up some abrasions, the staff member never filed a report. The plaintiff said he needed back surgery as a result of the fall. A jury ultimately ruled in favor of Days Inn following a trial.
While Days Inn successfully defended themselves in court, slip-and-fall victims should not let cases like this stop them from seeking compensation for their injuries. Immediately contact an experienced personal injury lawyer if you feel you deserve compensation as a result of a slip and fall at Days Inn. A lawyer will help you through the claims process and, in many cases, may agree to only be paid if you win your case.
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Days Inn, or any other party, you may not be entitled to any compensation.
Source: casetext.com/case/lagestee-v-days-inn-management-co
