Vacations are meant to be a time of relaxation and fun. One should be able to assume that the hotel or resort owners and staff are taking the utmost level of care to provide you with a safe trip. However, unforeseeable instances, like injury, can occur due to negligence by property owners.
Property owners owe their patrons a certain level of care, known as premise liability. Premise liability holds property owners responsible for accidents or injuries that may have occurred on their property, including in the business or around its premise. Property owners are required by law to make sure the property is safe to anyone present while giving the proper warning to unsafe and potentially/or presently dangerous situations and conditions.
Hotels and resorts owe their guests:
- Adequate lighting in guest areas
- Repair of defects that have been deemed hazardous
- Preventing and controlling insect infestations
- Proper security to provide safety and avoid crimes
- Properly training pool staff to prevent injuries
- Ensuring stairs and elevators are working safely
- Ensuring locks on all rooms work properly
- If there are rides or attractions on the premises, ensuring proper maintenance and properly trained staff
- Transportation provided by buses and shuttle services are inspected repaired correctly
These are just some examples of the many steps property owners should be taking to make safety a priority.
Accidents that occur at a hotel, motel, resort, or club facility are ruled by standard negligence principles - including personal injury.
Common accidents include instances such as falls, bed bug infestations, incidents occurring at pools due to lack of supervision and/or safety, and even fires.
For a hotel or resort to be held responsible for injuries that have occurred on their property, the injured party must be able to prove that the property was in some way negligent or breached their responsibilities to provide a safe environment. The four elements required for approval are:
- Duty of Care: The bottom line is that hotels and resorts owe you the responsibility to practice measures to prevent injury while you are on their property. All persons also have a responsibility to protect others from unreasonable injury. Some levels of professionals owe a greater level of responsibility such as doctors, drivers, and lifeguards.
- Breach of Duty: If the property fails to properly prevent harm and chance of injury, then they have breached their duties. To bring forth a personal injury claim, there must be evidence that shows that the property was negligent.
- Causation: The injured party must be able to prove that the negligence occurred and proximate (a test of foreseeability to analyze if the hotel or resort was acting in the means of their liability, but this can be nonexistent if other intervening acts happened at the same time) case of injuries claimed. There must be a case for the proximate to exist.
- Damages: These must be personal injury, financial loss, or a combination of these. This can include instances such as medical bills, lost wages from missed work due to injury, past, current, or future pain, loss of family support or consortium, mental health/psychological/psychiatric treatment, rehab expenses, loss of enjoyment of life, death benefits (where applicable), and medical bills such as for hospital and physical therapy.
While financial claims can be calculated in almost an exact amount, personal injury tends to be subjective. You must be prepared with the right defense and the right lawyer.
These damages can last a lifetime. If you have been injured due to hotel and resort negligence, we may be able to help you get the compensation you deserve. If you have experienced resort injury in Miami or resort injury in Fort Lauderdale, contact us.
The general information provided above about resort injury is meant for educational purposes only and is not a substitute for speaking directly with an attorney about the facts and circumstances of your case. Please call 954-500-0003 in Broward or 305-674-0003 in Miami to schedule a consultation with the Law Offices of Mark Eiglarsh.