By: Joshua Perry –
August marks the height of summer. During this month, many people travel to a beach or another location throughout the country for summer vacation. Vacation plans that entail staying overnight at a hotel in an unfamiliar environment may present dangers resulting in injury. Some of the most common injuries at a hotel include drowning, injury from alcohol use, burns, falls, and violence. If a hotel was negligent, they may be liable for those injuries.
In the event you get injured while staying in a hotel, there are a few things to consider relative to your claim. Three common types of injuries that may occur while staying at a hotel are a slip and fall, burn injury, and drowning. Below is a brief analysis of considerations for each injury.
In regard to a slip and fall injury, the first consideration is whether the slip and fall occurred on the hotel premises. If the fall occurred while on the hotel property, there may be video evidence supporting what caused the slip and fall. In addition to any footage, it is important to document the cause of the slip and fall through photographs. Was the fall the result of a defect in the floor, such as a crack or heave? Or was the slip and fall the result of a substance on the floor? Obtain photographs of the floor as close to the time of the fall as possible.
If you are burnt, take note of the manner in which the burn occurred. Was it the result of the tap water or a surface being too hot? Or was it the result of a food item or beverage being too hot? If that is the case, the hotel should remove the item from service and preserve the item for future inspection. If possible, take photographs of the item and of the injury. Document as much information as possible relative to the item causing the burn, including any identifying product numbers or other data you are able to obtain.
Drowning is another common injury at hotels. There are many factors to consider relative to a pool and drowning injury. Is the pool inside or outside of the facility? Is the pool in a locked enclosure? Did the hotel require you to sign a liability waiver relative to your stay? Was there a lifeguard on duty and appropriately supervising the pool guests? Make sure to keep any documents that the hotel provides to you upon checking in or checking out of the hotel. Oftentimes, a site inspection will be necessary to get a better understanding of the pool area and issues with safety that can be identified.
If you or a family member are injured while staying in a hotel, give O’Donnell Law Offices a call. Hotel premises claims are often fact specific. We can help you navigate through the facts in determining what avenues of recovery are available for your claim.
Source:
Franklin, R.C., Miller, L., Watt, K., Leggat, P.A. (2021). Tourist Injury. In: Wilks, J., Pendergast, D., Leggat, P.A., Morgan, D. (eds) Tourist Health, Safety and Wellbeing in the New Normal. Springer, Singapore. https://doi.org/10.1007/978-981-16-5415-2_8