Hotel Accident Attorney in Hollywood, FL
Accidents occur in hotels just like they do at any other place. Even the best hotels and resorts in Florida have accidents happen on their property.
Hotel owners and operators have a duty to maintain their properties in a reasonably safe condition. When they fail in that duty, they can be held liable for the injuries that result.
No one should have their vacation ruined by a preventable accident in a hotel. If you have been seriously injured in a Florida hotel accident, it is important that you consider your legal options.
The Florida personal injury attorneys at Rosen & Ohr, P.A. have extensive experience handling injury claims involving hotels. We are ready to help you. If you believe your injury was preventable and caused by the negligence of the hotel, contact us today to schedule a free initial consultation. We’re ready to review your situation and discuss your best legal options.
Types of Hotel Accidents
Some of the most common types of hotel accidents include:
- Slips, trips, and falls. Hotel owners have a responsibility to maintain the safety of all walkways and eliminate or warn about dangerous conditions. Wet floors, worn carpeting, and uneven flooring can cause slips, trips, and falls. These accidents are especially dangerous in pool areas, where falling guests may hit their head on the concrete and suffer head trauma.
- Food poisoning. Food poisoning is usually caused by undercooked food, cross-contamination in the kitchen, or other negligent preparation measures. You could sue a hotel for food poisoning if you are diagnosed with something like E. coli, salmonella, or norovirus. If you are hospitalized due to food poisoning, and the hotel comes to you with a settlement offer, talk to a personal injury lawyer before agreeing to anything. Your case could be worth much more than you think.
- Swimming pool accidents. Swimming pools are a major attraction at Florida hotels. Unfortunately, hotel pools and hot tubs can present an opportunity for serious or even fatal injuries. Common pool accident cases at Florida hotels include: slipping and falling into the pool, chemical burns from improper use of pool chemicals, malfunctioning diving boards, a swimmer getting sucked into the drain and stuck underwater, unaccompanied children falling into the pool and inadequate signage regarding the pool depth
Hotels have a duty to comply with safety regulations. The pool areas must be kept safe at all times. When this does not occur, hotel guests may be seriously injured or even lose their life.
- Elevator and escalator accidents. Many hotels and resorts in Florida have elevators or escalators to make it easier for guests to get from one level to another. The hotel owners are responsible for making sure they are well-maintained and that any safety concerns that arise during maintenance checks are addressed. When hotel owners fail to do this, accidents can occur.
- Bedbug bites. When hotels do not maintain the cleanliness of mattresses and furniture, the likelihood of a bedbug infestation increases. In the event of a bed bug infestation, hotels have a responsibility to employ pest control measures. If a hotel fails to get rid of bedbugs, hotel guests could suffer bites and may unknowingly carry the bugs home with them in their luggage and clothes.
- Burns. There are a variety of unsafe conditions that can cause burns for hotel guests, including water thermostats that are set too high and malfunctioning clothes irons.
- Negligent security. If you are a victim of a crime on hotel premises, the person who harmed you should face criminal charges. However, under certain circumstances, the hotel might also be liable in civil court for failing to take proper security measures prevent the crime. Hotel owners endanger their guests if there are inadequate security issues, including faulty locks, insufficient lighting, and a lack of security guards and security cameras.
- Malfunctioning exercise equipment. Many hotels have gyms that guests can use during their stay. Management should make sure that all exercise equipment is properly maintained and functions correctly.
- Transportation accidents. Many hotels have shuttles that transport guests to and from the airport, tourist attractions, and other locations. These shuttles have a duty to keep passengers safe. If the shuttle driver causes an accident, the injured occupants may be able to hold the hotel accountable. Hotel transportation accident cases tend to be very complex, so it’s critical that you have an experienced hotel accident attorney on your side.
Common Injuries in Hotels
Injuries commonly experienced in Florida hotels include:
- Broken bones
- Traumatic brain injuries
- Sprains and strains
- Burns from scalding water
- Electrical burns
- Carbon monoxide poisoning
- Injuries from toxic chemicals
- Sexual assault
- Food poisoning
- Pelvic and hip injuries
- Contusions and lacerations
- Nerve, back, and spine injuries
- Knee Injuries
Standards of Care for the Hotel Industry
Under Florida law, hotels are held to standards of care because they operate as a part of the hospitality industry. Because hotels profit from serving their guests, they have a heightened legal duty to exercise reasonable care for their customers as “invitees” under Florida premises liability law.
Standards of care for the hotel and hospitality industry includes:
- Providing reasonably safe premises.
- Serving food and beverages that are fit for consumption.
- Serving alcoholic beverages responsibly.
- Hiring and properly training employees.
- Warning of dangerous conditions.
- Safeguarding guests’ property and private information.
Hotel Liability Laws in Florida
Premises liability is the area of law that deals with a property owner’s legal duties regarding their visitors, invitees, and even trespassers. Under Florida premises liability law, hotel guests are considered “invitees,” and owners can be held liable for injuries that they suffer on their property.
Hotel owners must keep the hotel premises — including rooms, lobbies, spas, gyms, swimming pools, and restaurants — in a safe condition. When hotel operators fail to live up to this standard, accidents and injuries can occur.
If a hotel fails to maintain safe premises, the hotel may have committed a breach of its duty of care. If a hotel injury happens because of this negligence, the hotel owner may be held responsible for the damages.
To demonstrate you have claim according to Florida premises liability law, a hotel guest must prove the hotel owner:
- Was aware or reasonably should have been aware of the hazardous condition.
- Failed to address the issue that contributed to an injury or wrongful death.
Victims may be able to recover damages, such as lost wages, medical expenses, and pain and suffering. If you would like to file a personal injury claim against a hotel, enlist the guidance of an experienced Florida hotel injury attorney. The skilled and compassionate lawyers at Rosen & Ohr, P.A can help prove your hotel accident claim using Florida premises liability laws.
Who Can I Sue for Injuries Suffered in a Hotel?
Hotel owners owe a duty to their guests to provide a reasonably safe property that is free from dangerous conditions. When they breach this duty of care, they can be held liable for the injuries that result.
In every Florida premises liability case, the injured person must demonstrate that the property owner owed a duty of care to the injured person and that a breach of this duty of care resulted in injuries and damages.
- Duty of care – The owner and operator of a hotel owes a legal duty of care to all guests on the premises. Since a hotel guest is presumably on the premises to benefit the owner of the property, they are deemed an “invitee” under Florida law. Invitees are owed the highest legal duty of care. Premises owners have a duty to warn of or correct a known hazardous condition on the hotel premises and to routinely inspect the premises for unknown hazardous conditions.
- Breach of the duty of care – This means the hotel owner violated the applicable duty of care, such as by failing to clean up a spill on the lobby floor promptly or failing to repair a broken stairwell, for example.
- Causation – The injured hotel guest must be able to show that the hotel owner’s breach of the duty of care legally and proximately resulted in their injuries and damages.
- Damages – Damages in Florida hotel injury cases consist of both economic and non-economic damages. Economic damages (for example, medical bills and lost wages) can easily assigned a dollar value, whereas non-economic damages (for example, pain and suffering) are just as real but more difficult to quantify.
Keep in mind that you have a limited amount of time in which to file your personal injury lawsuit in Florida. The statute of limitations for filing a hotel accident claim is four years. If you do not file within four years, you will likely be barred from seeking legal compensation unless a very narrow exception applies.
Contact a Hotel Accident Lawyer Today
At Rosen & Ohr, P.A., we take pride in helping our clients seek compensation for Florida hotel injuries. If you have been seriously injured while visiting a Florida hotel and your injury was caused by the negligence of someone else, contact the personal injury attorneys at Rosen & Ohr, P.A today.
We are prepared to fight tirelessly for the full and fair compensation you deserve for your injuries. Call us today or contact us online to schedule a free initial consultation.