Hotel and Resort Liability

Hotel and Resort Liability

If you travel, be sure to understand the extents of hotel liability. Hotel negligence can encompass the following:

  • Personal injury
  • Staff negligence
  • Lack of lifeguards
  • Injuries on property: pools, furniture, slipping, bed bugs, food poisoning, etc.
  • Fellow guest crimes

Before consulting an injury attorney, here are some of the general guidelines with which to be familiar so that if something happens to you while traveling on vacation or business, you understand your rights and who is to blame.

  • Hotels and resorts can be liable for injuries incurred by guests and visitors and for employee negligence.
  • Failing to inspect the guest-area premises and maintain a safe environment is a breach of resort and hotel duties.
  • Resorts and hotels can be held liable for pool staff negligence. This includes failing to supply lifeguards or adequate safety signage and overlooking a slick deck that leads to slipping.
  • Broken furniture that causes injury to guests is at the fault of the resort.
  • Hotels and resorts cannot be held liable for crime committed by third parties on the premises, unless the hotel could have reasonably anticipated the crime.
  • Theft from rooms is fairly protected by limited liability. Unless the room is proven to lack security measures or there is proof of employee theft, the hotel is generally not held responsible.

Furthermore, hotels and resorts should have:

  • Sufficient lighting in access areas
  • Working locks on rooms
  • Working stairs and elevators
  • Adequate security to prevent crime or theft
  • Well-trained pool staff
  • Prevention of bed bugs and other insect infestations

Not all cases of disruption at hotels and resorts are easy to qualify as resort or guest liability. Recently, tragedy struck near a Walt Disney World hotel. A 2-year-old boy wandered into a lagoon and was pulled further in by an alligator on June 16, 2016. The event resulted in the boy’s death; his body was found intact the following day just 10-15 yards from where he had been taken by the gator. The murkiness of the water made it impossible for the boy’s father to locate and save him once he was taken.

The event is something out of an unfathomable nightmare. In response, Disney closed all nearby beaches. Witnesses of the attack confirmed for the police that the boy was wading in the water, irrespective of the no swimming signs. Social media was quick to blame the signage for not conveying the severity of what lurked beneath the water. Obviously, a toddler cannot read the signs and understand the dangers of alligator attacks in Florida, so should the resort have done more to prevent the tragedy?

Jeff Corwin, a national animal expert, weighed in the conversation, saying that it was surprising the attack happened so close to a well-regulated area. In 2015, nine major attacks were cited and one fatality. Especially in a state like Florida, the worst of wildlife can be a threatening reality. Sheriff Jerry Demings noted the rarity of the attack and commented that modifications would be made to prevent a repeat situation.

In this type of situation, the victims are left with the unsettling query of who is to blame, on top of already overwhelming distress. Blame is a grey area when it comes to Mother Nature, and navigating the reaches of responsibility requires precise expertise.

If you have been a victim of hotel, resort or event liability, get in touch with a personal injury attorney at Blaut Weiss Law Group to understand how to best proceed in your situation. Call 954-634-1800 for a Free Consultation today.