Injured at a Hotel? Here’s What You Need to Know

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When an injury occurs on hotel property, the victim of that injury may be able to hold the hotel liable for damages if certain criteria are satisfied. If you are injured at a Georgia hotel, contact our experienced personal injury lawyers to learn more about your rights and how we can help – your consultation is always free of charge.

A Hotel’s Duties to Guests

A hotel and its guest 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; and
  • 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 at a hotel, then, the hotel may be held liable if the guest can prove that the hotel breached its duty.

Recovering Damages for a Hotel Injury

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, then, the hotel may not necessarily be liable.

Contact Our Georgia Premises Liability Attorneys Today

If you are injured on a hotel’s property, it is a smart idea to seek legal counsel to advise you of what steps to take next. A hotel will surely have attorneys on its side protecting it; let our premises liability attorneys advocate for you when you deserve to be compensated. To schedule your free, no obligation consultation with our team, call our law offices today or fill out an online contact form.

The foregoing answer is not legal advice and is merely a general overview. You are advised to consult a lawyer to address your specific situation. Feel free to send comments or questions to: of Apolinsky & Associates, LLC. 

Image credit: Cinzia A. Rizzo


About the Author

Stephen Apolinsky

Stephen D. Apolinsky is a Personal Injury Attorney who specializes in representing individuals and families concerning wrongful death and catastrophic injury cases. Stephen is licensed to practice in Georgia, Alabama, and the District of Columbia. With over 33 years of experience representing personal injury victims, Stephen has successfully tried over 80 cases to verdict before judges or juries, and has negotiated over 300 cases to out-of-court settlements. Stephen has been recognized as a Georgia Super Lawyer, and as a Top 100 Trial Lawyer by the National Trial Lawyers Association.