Slip and Fall Accidents in Hotels: Establishing Liability

November 30, 2024

Hotel guests who suffer injuries from slipping and falling on the premises may have a premises liability claim against the hotel. To establish liability and recover damages, the injured guest must prove that the hotel was negligent. This involves showing that the hotel breached its duty of care to keep the premises reasonably safe.

Proving Liability for Slip and Falls in Georgia Hotels

Under Georgia premises liability law, a hotel has a duty to exercise ordinary care in keeping its premises safe. This includes inspecting the premises for dangerous conditions and fixing or providing warnings about any hazards discovered.

To prove the hotel’s negligence in a slip and fall accident, the injured guest must establish four elements:

Duty of Care – The hotel owed a duty to the guest to keep the premises safe. Georgia law imposes this duty on all property owners.
Breach of Duty – The hotel breached its duty by failing to fix or warn about the hazard that caused the fall.
Causation – The hotel’s breach of duty was the cause of the fall and resulting injuries.
Damages – The guest suffered physical, financial or other damages due to the fall.

A hotel may argue that the guest was negligent and contributed to their own injuries. Georgia follows modified comparative negligence rules. If the guest was 50% or more responsible for their injuries, they cannot recover any damages. If they are found to be less than 50% at fault, their damages will be reduced by their percentage of fault.

Liability for Hotel Slip and Falls in South Carolina

In South Carolina, hotels and other property owners owe a duty of reasonable care to keep their premises in a reasonably safe condition. This includes regularly inspecting the property to find dangerous conditions and repairing or providing warnings about any hazards.

To prove the hotel’s negligence and liability, the injured guest must establish:

Duty of Care – The hotel owed a duty to the guest to maintain safe premises.
Breach of Duty – The hotel failed to remedy or warn about the dangerous condition that caused the fall.
Causation – The hotel’s breach was the proximate cause of the fall and injuries.
Harm – Actual harm or damages resulted from the fall.

Under South Carolina’s comparative negligence doctrine, the guest’s recovery may be reduced if they were also negligent. If the guest’s negligence was greater than 50%, they cannot recover. If they were less than 50% at fault, their damages are reduced by their percentage of fault.

Proving the Hazard Caused the Fall

The key to proving liability is establishing that a dangerous condition on the hotel’s premises caused the fall and injury. Examples of hazards that could lead to slip and falls include:

Wet floors
Uneven flooring or steps
Clutter or debris
Poor lighting
Unsafe flooring like loose carpeting

The injured guest should identify witnesses, take photos of the hazard, and request the hotel preserve any CCTV footage that captured the fall. Expert testimony may also help demonstrate that the hazardous condition deviated from safety standards.

The hotel may argue the fall was caused by the guest’s own negligence, for example if they were distracted and not watching where they were going. Guests should retain an experienced personal injury attorney to help prove their case and defeat such arguments.

Proving Damages

Besides liability, the injured guest must prove they suffered monetary damages from the fall. This includes:

Medical expenses like hospital bills, ambulances fees, therapy, etc. Document all medical costs related to the injury, as the hotel may be liable for these damages.
Lost income from missed work due to the injury. Provide pay stubs, tax returns, and other documentation to prove lost wages from missed work days.
Pain and suffering. Describe in detail the physical, mental, and emotional pain experienced as a result of the injury.
Long term effects like disability or loss of enjoyment of life. Permanent disabilities or lifestyle limitations caused by the injury may warrant increased compensation.

The guest should retain copies of all medical records, bills, and employment records like pay stubs and tax returns. Doctors may need to be deposed to establish the extent of injuries and prognosis. When presented effectively, damages can be significant and provide the guest full compensation.

Consult a Premises Liability Attorney from The Brown Firm

Hotel guests who suffer serious injuries in a slip and fall have legal recourse against negligent hotels. Proving liability and damages requires thorough evidence collection, expert analysis, and persuasive legal advocacy. It is advisable for injured guests to consult an experienced premises liability attorney to discuss their potential claim. An attorney from The Brown Firm can handle the insurance claims process while the guest focuses on recovery. With strong representation from us, guests can recover substantial compensation.

Pursuing Claims Against Franchise Hotels

Many hotels today are operated under franchise agreements with major chains like Marriott, Hilton and Hyatt. In these cases, both the franchise corporation and the specific hotel location may be named as defendants. The franchise establishes brand standards and operational policies, but the local hotel is responsible for day-to-day maintenance and safety.

Our experienced attorneys will determine the proper defendants and claims based on the ownership structure and management responsibilities. Both entities may share liability if negligent maintenance by the hotel failed to comply with safety policies set by the corporation. Pursuing claims against both targets increases the chances for a satisfactory settlement or judgment.

Settlement Considerations

Most premises liability claims settle out of court through negotiated agreements. Hotels and their insurers will often seek to settle strong claims to avoid negative publicity and civil trial. The injured guest holds leverage in negotiating a fair settlement that fully compensates their damages.

It is recommended that you consult us before agreeing to any settlement offer. Factors to weigh include the total payout, structure of payment, confidentiality clause, and release of liability. With expert guidance, guests can avoid settling too quickly for less than their case is worth. The goal is maximizing recovery with minimum stress and delay.

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