Personal Injury Attorneys | Hotel Liability Cases

When Are Hotels Liable For Injuries?

If you are injured on hotel premises, you may be able to sue for damages, but only under certain conditions. Hotels have a responsibility to ensure the safety of their guests. If they fail to perform duties that lead to someone being injured on the property, then you could sue for negligence. However, not every injury is the result of negligence, one of the first things personal injury attorneys look for in a case. In this article we will look at what is necessary to prove negligence and win a case against a hotel or other business.

The 4 Elements Needed To Prove Negligence

In order to prove negligence, personal injury lawyers must demonstrate that four elements were present:

  1. Duty
  2. Breach
  3. Causation
  4. Harm

We’ll use a classic slip and fall case as an example. In a slip and fall case inside a hotel, the hotel has a duty to take steps to provide a safe environment. If they willfully neglect that duty, a breach of care has occurred, which could cause harm to a guest.

In order to prove negligence in cases like this, personal injury attorneys must present evidence that:

  1. A duty of care existed between the hotel and the guest, and
  2. Staff knew or should have know about the slip or fall hazard, and
  3. Staff took no action to rectify the situation.

In a slip and fall case like this, it is unlikely that the hotel could successfully argue that they did not have a duty of care to provide a safe walking area for their guests. This establishes Point #1. It is reasonable to assume that a wet or icy floor could lead to a slip or fall. This establishes Point #2. If the staff took no action to clear off or dry the floor, Point #3 is established and a negligence claim is likely to be established.

The Limits Of Liability

Hotels are only liable for injuries if they knew or should have known about the issue that caused the injury. Ignoring or avoiding issues is considered negligent.  That’s why so many negligence cases involve maintenance issues or staffing mistakes. Maintaining a safe building is a basic right that guests expect.

Get An Honest Assessment Of Your Case From The Personal Injury Attorneys At Eisenberg Law Offices

Personal injury cases vary widely and just because you’ve suffered an injury does not mean the hotel or business is liable for it. Your best course of action is to get a personal injury attorney’s advice on the situation before you try to bring a case against the hotel.

If you have been injured and think you have a case for negligence, contact Eisenberg Law Offices in Madison, WI at 608-256-8356. Arrange a free consultation to discuss your case and learn about your legal options.

EISENBERG LAW OFFICES

308 East Washington Avenue Madison,
WI 53703
(608) 256-8356

Eisenberg Law Offices, s.c.

Madison WI Attorneys since 1983

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