What if I’m Injured While Staying at a Hotel? 1 Big Factor Needed for a Claim
Getting injured at a hotel can put a damper on vacation plans.
If you’re looking for a hotel with unique history, the Los Angeles area is a great city to visit.
The Chateau Marmont on Sunset Boulevard has hosted many famous guests. The Beverly Hills Hotel sign is world-famous, while the Biltmore in Downtown Los Angeles has hosted the Oscars and other significant events.
A hotel is normally a place for rest and relaxation amongst tourists, or even Angelenos looking for a weekend getaway. They often feature comfortable beds with TV’s, as well as amenities that include pools and fitness centers.
While a hotel is a place for rest during a vacation, unfortunately, there is still a chance for injuries.
A personal injury can occur due to the negligence of hotel staff or security.
Each business must provide a duty of care for all guests, providing reasonable care to avoid any potential injuries. Failure to do so is an example of negligence, where the hotel doesn’t provide a duty of care.
A popular hangout at hotels is the swimming pool. It can be a fun retreat for guests to cool down on a warm summer vacation day.
Injuries at a pool are extremely common. There are many injuries one can suffer, including:
- Slipping on a wet surface near the pool and falling
- Falling into the pool
- Accidental drowning
Pools generally do not have a lifeguard on duty, with signs advising swimmers to jump in at their own risk.
This doesn’t entirely mean a hotel can’t be found negligent for a poolside injury. A lot will depend on how the injury occurs.
For example, let’s say Michael and Gabe are horseplaying around the pool when one of them slips on the wet surface and breaks their arm. It would be more difficult to prove negligence in this case, as the two were voluntarily taking part, and the fault of their injury could be viewed as their own responsibility and lack of care.
Now, let’s imagine Gabe notices there are no life preservers near the pool to help in the event of one drowning. He notifies several employees, including the manager, but the situation is never resolved.
In the coming weeks, someone falls into the pool and fatally drowns.
While a case is never easy, this situation doesn’t involve horseplay surrounding the life preserver. The hotel was warned about the missing item, and their negligence to replace it could be a potential cause for the death.
Another personal injury situation could occur in the fitness center. Hotels may feature a small gym with free weights, treadmills, and other exercise equipment.
Again, the hotel will usually have a sign somewhere advising guests who use the equipment to exercise at their own risk. But what if an incident happens with mismanaged equipment?
Let’s say the hotel has received several reports that their elliptical machine has been malfunctioning. The hotel keeps the machine up, and does nothing to repair the damaged part.
Michael uses the machine and one of the arms breaks. He falls from the machine and suffers a serious head injury.
Michael may have a case, as the hotel failed to provide a duty of care to him and other guests by repairing the machine, or at least closing it off from use until it’s properly repaired.
Even with evidence, it’s not a rarity for hotels to deny their lack of responsibility for personal injuries that occur on their property. This doesn’t mean an injured party can’t file a claim.
California Civil Code 1714 states the following:
“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself”.
This means that hotels are responsible for proper maintenance of all areas, including any furniture, appliances, etc. within those areas. This would include pools or fitness areas.
If you were injured at a hotel and you’re unsure if you are entitled to compensation, it’s best to consult with a Los Angeles personal injury attorney.
At C&B Law Group, our LA personal injury lawyers have decades of combined experience helping clients recover compensation following an injury caused by the negligence of another person or entity.
There are a wide number of injuries one can suffer at various places of a hotel. From the pool to the room, you may suffer a personal injury such as:
- Broken bones
- Cuts or lacerations
- Back pain
- Neck injuries
- Internal bleeding
- Organ damage
- Wrongful death
Your injuries may be compensable for damages including medical expenses, lost wages, or pain and suffering.
We service clients all across Southern California. From the San Fernando Valley to the South Bay, Orange County to the Santa Clarita Valley, we are here to ensure you receive the utmost respect from our team of So Cal attorneys.
If you were injured at a hotel, contact the Southern California injury attorneys at C&B Law Group today for a free consultation.