An injury at a hotel can cause unexpected expenses that continue long after you leave the property. If the hotel or another business failed to keep the property reasonably safe, California law may allow you to seek compensation for those losses.
A hotel can be held responsible for injuries caused by a “want of ordinary care” under California Civil Code section 1714. A want of ordinary care means failing to use the caution that a reasonably careful hotel operator would use under similar circumstances. Depending on the danger, that failure may involve inadequate inspections, neglected equipment maintenance, delayed repairs, or a lack of warning for guests.
A successful claim must connect the hotel’s failure to the accident and resulting losses. Examples may include an ignored loose stair rail, a broken pool gate left unrepaired, or recurring elevator problems that were never corrected.
Separate companies than the one named on your hotel reservation may own and operate the property. For example, a management company may supervise employees, while outside businesses handle housekeeping, elevators, security, pools, or other amenities.
A Riverside premises liability lawyer can review management agreements, service contracts, and insurance policies to identify each responsible party. More than one company may be liable when their failures contributed to the same injury.
Hotel conditions and records can change soon after an accident. If your health allows it, take the following steps:
Seek medical care as soon as possible and explain when, where, and how the injury occurred. Keep your reservation confirmation, messages with the hotel, medical paperwork, and any receipts for added travel expenses.
A Riverside slip and fall accident attorney can request preservation of surveillance footage, electronic key records, inspection logs, work orders, and prior complaints. If the hotel refuses to provide those materials, a lawsuit can force their cooperation.
A waiver is a document asking you to accept certain risks or give up the right to sue for injuries connected to an activity. A hotel may require one before you use its gym, spa, pool, or recreational services. If you signed a waiver, the hotel may argue that you released it from claims involving ordinary negligence. The wording must clearly cover the activity and the type of accident that caused your injury.
California law still permits some claims even with a signed waiver. In City of Santa Barbara v. Superior Court, the California Supreme Court held that waivers releasing future liability for gross negligence are generally unenforceable. Gross negligence means an extreme lack of care, such as ignoring a serious known danger. An attorney can review the document, how the accident occurred, and whether the hotel’s conduct falls outside the waiver.
The compensation available depends on the injuries and losses caused by the hotel accident. A claim may include:
The value of your claim should account for losses expected after the initial treatment ends. Medical opinions, employment records, receipts, and keeping a journal on your daily limitations can help establish the full financial and personal impact.
Hanson & Mouri can explain your options, preserve hotel records, and pursue the businesses responsible for your injuries. Call (951) 688-0006 or contact us online to arrange a free consultation with our Perris personal injury attorney.