Hotels can be expected to take responsibility for injuries to visitors in various circumstances, from a slip and fall mishap to an attack. In this article, we will tell you the components you will have to build up to bring an effective Greenville personal injury claim guarantee against a hotel.
According to the National Library of Medicine, in total, over 55,327 working years of observation, 2,865 injuries were recorded. The overall injury rate is 5.2 injuries per 100 person-years. This acute injury rate was highest among kitchen workers (4.0/100) and housekeepers (3.9/100). Housekeepers also had the highest rate of musculoskeletal conditions (3.2/100).
Proving That the Hotel was Negligent:
In most cases, the bodily injury requires the injured applicant to prove that the injury was caused by someone’s carelessness or negligence.
To hold the hotel liable for injuries caused on-site, you may need to prove that the hotel was negligent in some way. We suggest you consider each of these points separately:
1. Hotel Duties to Guests:
It is the general responsibility of the hotel to exercise reasonable care in the conduct of business and the protection of guests, as they are legally entitled to a wide range of protections.
The hotel is obliged to maintain a reasonably safe condition protecting guests from detectable conditions. For example, there is a duty to quickly clean up a spilled water and post signs if a pipe located in a hallway is leaking. In any case, the hotel could be held liable if a guest slipped and fell on the floor.
General responsibilities at the hotel include maintaining proper lighting, keeping the steps dry, and resolving issues with the property, furniture, and hotel equipment. Other general duties and responsibilities of the hotel to guests include:
- Pest control
- Provide adequate security
- Take care of recruiting
- Train pool staff to prevent the occurrence of any injury that the guests may be susceptible to when they take a swim
- Maintain stairs and elevators
Also, they are obliged to correctly build the hotel steps or warn guests about the unusual position of the stairs. The hotel guests have won a lawsuit in which the hotel is responsible for the design and careless construction if the staircase was located in a long hallway. There were no warning signs and the guest’s inability to leave the hotel resulted in an injury.
2. The Hotel Not Meeting its Obligations and Responsibilities:
If the hotel does not regularly check the property, maintain reasonable safety, or take reasonable steps to warn of hazardous conditions, it may be in breach of its legal liability to the guests.
3. Negligence of the Hotel Must be the Reason for the Damage:
In all cases of negligence, the defendant (respondent) must harm the plaintiff. As a real-world example, a hotel probably will not be deemed negligent if a guest slipped on the floor in case the water was mistakenly spilled by another guest. However, the hotel may be held accountable if hotel staff only clean the floor and do not address an obvious water leak or other hazards.
4. Injury or Damage to the Guest:
The last item needed is prominent damage. To win a lawsuit against the hotel, the guest must suffer injury or other damage, as spills and slips are not enough to indicate that there is a danger and that a fall has taken place.
Damage in a Hotel Injury Case & How It Would Affect Your Greenville Personal Injury Claim:
Legally, “damage” is the amount awarded to the successful complainant in compensation for injuries. Depending on the nature and degree of the injury suffered by the hotel guest, recoverable damages may include medical bills, loss of wages, pain and suffering, mental illness, etc.
Liability of the Hotel for the Behavior of its Employees; As Demonstrated by a Greenville Personal Injury Attorney:
According to a legal theory known as “joint liability”, a hotel can be held responsible for the harmful actions of its employees. The responsibility of the hotel depends on whether the employee’s actions are taken “as part of the work”. The hotel may be held liable for the employee’s actions even if the hotel did not authorize such behavior and was not aware of the incident.
Insurance and the Assistance of a Greenville Personal Injury Attorney:
On-site injuries are almost always covered by the hotel’s commercial general liability insurance and possibly some form of insurance coverage. In some hotel injuries, the injured guest can settle a damage claim without filing a disability claim with the hotel insurance company. In the case where your injury is serious and you want to confirm that your right to fair compensation is secure, you should immediately discuss your situation with a South Carolina personal injury lawyer.