Whether traveling for business or pleasure, your hotel stay can provide a comfortable and enjoyable experience. However, accidents can and do occur on the premises, and if you are hurt, you may need to file a hotel injury claim.
Hotel injuries are more common than you think and can happen in your room, at the swimming pool, or anywhere else on the property. The hotel is liable for maintaining a safe environment for all guests in guest rooms, parking lots, restaurants, fitness areas, meeting rooms, public restrooms, entertainment venue areas, shuttle buses, and the lobby.
The key to handling a hotel injury claim starts with proving liability before you proceed.
How do you prove liability in a hotel injury claim
Your hotel accident injury can leave you with medical bills, lost wages, pain and suffering, mental anguish, and more. You must prove that the hotel is liable for your injuries to recover financial compensation.
In order to prove the hotel is liable, you need to show that the hotel had a duty of care to protect you from the hazardous condition that caused your accident. Furthermore, you must demonstrate that the hotel breached that duty by neglecting to maintain the area where your injury occurred and the injury resulted in losses.
Hotels can be liable if you get food poisoning from one of the restaurants or room service. They can also be accountable for a slip and fall if there was no warning of the danger. They may even be held liable for assaults or violence as a result of negligent security measures.
It may sound straightforward but keep in mind that hotels are entities that often have high-powered attorneys to protect them. You should also seek representation from a hotel injury lawyer who will protect your rights and prove the hotel is liable.
Steps to take after a California hotel injury
No matter where you were hurt on the hotel property, it is important for you to do a few things to help your case. The first is to document the incident, being as thorough as possible. Evidence is required to show the hotel is liable, and with photos or videos of the scene, medical records, and witness statements, you may be able to prove the hotel was negligent.
Additionally, you must provide written notice to the hotel about your claim. It should bear the date, location, description of the incident and injuries, and a demand for compensation for your damages. You’ll then need to await a response, though if they do not follow through in a proper amount of time or deny your claim, you should have your attorney proceed with a lawsuit.
Hotels will try to make it look like you weren’t watching your surroundings, you were in a restricted area, or that a reasonable person would have noticed the danger. With an attorney, you can be sure you’ll have someone gathering evidence, questioning witnesses, and diligently fighting for your compensation.
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Author: Apollonas Kritikos