When you stay at a hotel, you are making an agreement. You are not just paying for a room and services — you are paying for the comfort, security, and safety of the hotel as a whole.
However, if that safety is lost and you become injured during your stay, what do you do? In some cases, you may be eligible for compensation.
If you have recently slipped and fallen at a hotel and suffered harm, you may want to consider filing a personal injury claim against the hotel.
What are Personal Injury Claims?
First, we must determine what “personal injury” means in legal terms.
Any time a person is harmed because of the negligence of another person, group, or company, this is considered a personal injury.
Automobile accidents, medical malpractice, pedestrian accidents, and slip and fall claims are all categories of personal injury. When the victim of a personal injury wants compensation for their injuries or suffering, they may file a personal injury claim.
Before filing a claim, it is important to analyze your situation and see if you potentially have a case. While consulting with an attorney is the most reliable way to decide this, there are a few factors you can consider on your own.
Are You Eligible for a Personal Injury Claim?
When looking at your slip and fall, there are three key questions to keep in mind:
- Was your injury the result of a pre-existing hazard?
Examples of pre-existing hazards include torn carpeting, improper lighting, broken stairs and railings, or improper maintenance. If the cause of your slip was a pre-existing problem, this may help prove that the fault lies with the hotel. However, if you were to fall after bumping into your own luggage (or something similar), this would potentially make the hotel less liable.
- Was this hazard a recent occurrence, or something that could have been fixed beforehand?
For example: if you were by the pool and happened to slip on a large puddle left by a recent swimmer, the chance of the hotel being aware of the puddle beforehand is slim. However, if the puddle was caused by a leak or an unattended hose, this could help prove negligence on their part.
- Were there any actions on your part that may have contributed to the fall?
Situations where the injured person is texting before the fall, not following rules and regulations, and/or is generally distracted may make it more difficult to prove the hotel’s negligence. However, this does not mean you do not qualify for a claim.
Consulting with a Personal Injury Attorney
Attorneys can assess your situation from a knowledgeable, legal standpoint. For those that qualify, they are also the first step towards achieving compensation for an accident. Your lawyer may be able to help you file a slip and fall demand letter to the hotel.
If you are interested in filing a personal injury claim, or are unsure about whether or not you qualify, contact a personal injury attorney today.
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Westin Hotels or Starwood Hotels, or any other party, you may not be entitled to any compensation.
