Atlanta Hotel Negligent Security Injury Attorney | Apolinsky & Associates

Hotel & Motel Injury Negligent Security Attorney in Atlanta

An Experienced Attorney for Victims of Serious Injury & Wrongful Death in Georgia Hotels

What is Hotel Negligent Security in Georgia?

Many families look forward to planning and going on vacation. Business travelers focus on the reasons they’re visiting and getting home soon. What most people don’t plan for is the possibility of injuries or being the victim of a crime while traveling.

Hotels of all types are the “home away from home” for people traveling for business or pleasure. They expect the hotel to keep the premises well maintained and to make them feel safe while they’re visiting. This includes adequate safety measures and updated maintenance.

The following are just some of the steps that can be taken to deter crime:

  • Adequate overhead lighting: Especially in parking lots, hallways, and other common areas
  • Security guards: Do they have them? Are they staffed 24 hours? Where they are stationed? Do they patrol the grounds frequently?
  • After-hours access: Is a room key or other type of entry card required to enter the lobby and other main areas of the hotel?
  • Security cameras: Do they exist? Are they in common areas where guests frequent, like parking lots, hallways, or lobbies?
  • Your room: Is there a peephole on the door, working locks on doors and windows, including to adjoining rooms, and working lighting?

Types of Issues that Cause Injury in Hotels

There are numerous hazards and dangerous conditions that could exist at a hotel and result in serious injury. These include, but are not limited to:

  • Broken security cameras.
  • Faulty locks.
  • Lack of security guards.
  • Inadequate lighting.
  • Improper staff training.

A hotel that does not keep its guests secure can be held negligent when someone is injured on the property.

Where Negligent Security Injuries Occur in Hotels & Motels

Hotels are responsible for keeping their customers and employees safe from foreseeable risks in all areas of its premises, including the:

  • Hotel lobby.
  • Parking lot or garage.
  • Hallways.
  • Stairwells.
  • Guest rooms.
  • Health facilities.
  • Swimming pool.

Prove Liability and Causation in Hotel Negligent Security Cases in Georgia

When an injury happens to a hotel patron or employee due to a violent criminal attack as a result of the hotel’s negligence to provide adequate security by the hotel, the victim should be able to seek compensation for their injuries.

To hold the hotel liable for their negligence, a plaintiff must prove that:

  1. The hotel’s owner and/or management owed a duty of care.
  2. The hotel’s owner and/or management breached that duty of care and failed to take adequate steps to ensure the safety of guests.
  3. The guest’s harm and injuries were directly caused by that breach of the duty of care.

Holding a hotel liable for a fall injury is no easy feat. Remember, all of the criteria above must be established. Typically, proving that a liability for injury existed and that the liability was the direct cause of your injury is the easy part; proving that the hotel knew of the dangerous condition and failed to correct it in a reasonable amount of time can be challenging. This is especially true because what is considered “reasonably foreseeable” may vary depending on who you ask.

Compensation and Damages Recoverable in Hotel Negligent Security Lawsuits in Georgia

Georgia does not have limits on the amount of compensation you can recover for hotel negligence. Therefore, you may be able to recover damages for:

  • Medical expenses, current, and future.
  • Lost wages, current, and future.
  • Property damage, such as your phone, car, etc.
  • Pain and suffering.
  • Emotional and psychological trauma injuries.
  • Decreased quality of life.
  • Wrongful death.

Types of Injuries Suffered in Hotel Negligent Security Cases

  • Physical Assault Case Icon
    Physical Assault

    According to the state’s Uniform Crime Reports, an aggravated assault happens every 25 minutes and 34 seconds in Georgia. We recommend victims of physical assault in hotels consult an experienced legal team to recover compensation for damages.

    Read More

  • Gunshot Wounds Case Icon
    Gunshot Wounds

    A widespread problem, victims of gunshot wounds caused in or around hotels may be liable for compensation, including for medical bills, wages lost, and emotional damage. As such, it’s important to receive legal counsel.

    Read More

  • Stabbings Case Icon
    Stabbings

    In many cases, where the attack occurred matters as much if not more than who wielded the knife.  As such, victims of stabbing injuries in and around hotels may have the right to seek full and fair compensation in civil litigation.

    Read More

  • Wrongful Death Case Icon
    Wrongful Death

    Unexpected deaths take a massive toll on the victim’s friends and family. If your family has suffered a wrongful death caused at a hotel, then you are entitled to recover for the loss of value by the life of the deceased.

    Read More

  • Ceiling Collapse Case Icon
    Ceiling Collapse

    Evidence that a property owner failed to conform to building code safety standards can be used as proof the landowner knew there was a defect or danger and failed to address it. Victims of injuries caused by hotel building failure can qualify for compensation.

    Read More

  • Spinal Cord Injury Case Icon
    Spinal Cord Injury

    Victims of spinal cord injuries undergo extensive financial damages. If you suffer a spinal cord injury in an Hotel or Motel due to negligence, it’s important to accurately evaluate your damages with an attorney.

    Read More

  • Violent Crimes Case Icon
    Violent Crimes

    Third-party entities, like hotels, that failed in their legal duty to protect a victim may be held liable for damages caused by violent crime on the property.

    Read More

  • Rape & Sexual Assault Case Icon
    Rape & Sexual Assault

    Although rare, rape & sexual assault can occur in hotels. Survivors are liable to financial compensation for actual physical losses and intangible emotional trauma.

    Read More

Types of Injuries Suffered in Hotel Negligent Security Cases

  • Physical Assault Case Icon
    Physical Assault

    According to the state’s Uniform Crime Reports, an aggravated assault happens every 25 minutes and 34 seconds in Georgia. We recommend victims of physical assault in hotels consult an experienced legal team to recover compensation for damages.

    Read More

  • Gunshot Wounds Case Icon
    Gunshot Wounds

    A widespread problem, victims of gunshot wounds caused in or around hotels may be liable for compensation, including for medical bills, wages lost, and emotional damage. As such, it’s important to receive legal counsel.

    Read More

  • Stabbings Case Icon
    Stabbings

    In many cases, where the attack occurred matters as much if not more than who wielded the knife.  As such, victims of stabbing injuries in and around hotels may have the right to seek full and fair compensation in civil litigation.

    Read More

  • Wrongful Death Case Icon
    Wrongful Death

    Unexpected deaths take a massive toll on the victim’s friends and family. If your family has suffered a wrongful death caused at a hotel, then you are entitled to recover for the loss of value by the life of the deceased.

    Read More

  • Ceiling Collapse Case Icon
    Ceiling Collapse

    Evidence that a property owner failed to conform to building code safety standards can be used as proof the landowner knew there was a defect or danger and failed to address it. Victims of injuries caused by hotel building failure can qualify for compensation.

    Read More

  • Spinal Cord Injury Case Icon
    Spinal Cord Injury

    Victims of spinal cord injuries undergo extensive financial damages. If you suffer a spinal cord injury in an Hotel or Motel due to negligence, it’s important to accurately evaluate your damages with an attorney.

    Read More

  • Violent Crimes Case Icon
    Violent Crimes

    Third-party entities, like hotels, that failed in their legal duty to protect a victim may be held liable for damages caused by violent crime on the property.

    Read More

  • Rape & Sexual Assault Case Icon
    Rape & Sexual Assault

    Although rare, rape & sexual assault can occur in hotels. Survivors are liable to financial compensation for actual physical losses and intangible emotional trauma.

    Read More

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Georgia Hotel & Motel Negligence FAQs

What Duties Do Hotels Have to Their Guests?

A hotel and its guests have a legal contract that stipulates that the hotel, as the proprietor, has a legal duty to exercise proper care for guests’ safety (a guest is obligated to refrain from destructive or offensive conduct). Examples of exercising proper care for guests’ safety include:

  • Providing adequate security.
  • Ensuring that the hotel is free from infestations, such as rodents or bug beds.
  • Maintain facilities in a reasonably safe condition, such as repairing damaged walking areas.
  • Providing adequate security and protection at pools and other hazardous areas.
  • Hiring hotel staff that will adhere to the above, and exercise a reasonable degree of care in general.

In addition to the above, a hotel further has a duty to repair or correct any hazardous condition on a property within a reasonable amount of time. When a hotel guest is injured on site, the hotel may be held liable if the guest can prove that the hotel breached its duty.

What Evidence Do I Need To File a Hotel Negligence Lawsuit?

In order to file a lawsuit against a hotel and hold the hotel liable for damages, the injured guest must prove that evidence shows that the guest’s injuries would not have occurred but for the hotel’s negligence.

For example, if a hotel guest is assaulted by a hotel employee who had a previous assault conviction on their record, the guest may hold the hotel liable based on the fact that the hotel failed to exercise reasonable care by failing to conduct thorough employee background checks.

Or, if a hotel guest is injured in a slip and fall accident caused because of a hazard on the floor, the hotel guest can hold the hotel liable if the guest can prove that the hotel knew of the hazard, yet failed to take action to correct it (i.e., loose wires or cords, slippery surfaces, debris, etc.).

Hotels can also be held liable for the actions of their employees under the theory of vicarious liability, which holds that an employer is liable for the actions of their employees, so long as the actions occurred during the course and within the scope of employment. If the employee was off duty at the time the negligence occurred, the hotel may not necessarily be liable.

What Type of Hotel Negligence Case Can I Pursue?

Hotel owners have certain obligations under local, state, and federal laws. While these laws may vary depending on the area, the basic underlying fact is consistent regardless of where an incident takes place.

Georgia hotel negligence cases that are taken to court are primarily personal injury and premises liability claims. Victims can often be compensated if the hotel is found negligent in maintaining proper safety standards, inspections, and general upkeep in many areas that can pose a risk to hotel guests. The State of Georgia has laws in place that require landowners to maintain the safety of their property so that it does not pose unreasonable risk or harm to authorized visitors.

If you become injured as a result of a hotel or motel neglecting to maintain a safe place to stay, you most likely have the right to establish a legal claim for damages incurred due to your injury. These damages may include pain and suffering, medical expenses, and lost wages.

What Is The Georgia Statute Of Limitations On Hotel & Motel Accident Injury Cases?

Under Georgia’s statute of limitations, any personal injury lawsuit must be filed within 2 years of the injury (Ga. Code Ann. Sec. 9-3-33). Based on this statute, if a victim tries to file their lawsuit after the 2-year window, the court will, in most cases, refuse to hear it and they will lose any right to receive compensation for your injuries.

Based on this alone, it is best to take legal action regarding your hotel or motel accident injury as soon as possible. At Apolinsky & Associates, LLC, our Atlanta personal injury lawyers take the time to collect evidence and witness statements in pursuit of your hotel or motel accident lawsuit. Contact us today for a free case consultation.