Commercial lodging establishments, such as hotels, motels, bed and breakfasts,
inns, lodges, cabins, and the like must keep their premises safe and their
guests free from suffering caused by preventable accidents. Of course,
the establishment doesn’t act as an insurer; nonetheless, the hotel
owners and or operators have a duty to keep the property’s condition
in good repair so that dangers and defects do not cause injury to visitors
Experienced Poughkeepsie hotel accident attorneys have seen cases in which hotel guests were injured on stairways when lighting
was poor; wet floor accidents; pool accidents; and exterior accidents
such as slips and falls on snowy and icy pavement.
On many occasions, the
slip and fall wouldn’t have happened if the hotel owner and or operator was not
negligent. And negligence can arise in many ways. If hotel staff was aware
that the lobby floor was wet, but did nothing to remediate the hazard,
or failed to warn of the danger, then the hotel has breached its duty
to guests. If a guest slips and falls on the wet floor, the hotel can
be held liable if the guest is injured and suffers damages.
The wet floor example is common, but liability can also arise is a surface
is cracked, broken, and or uneven. Poor lighting can also lead to liability.
Frayed carpeting can also cause accidents. Accidents related to code violations
can also give rise to liability.
No matter what the specific facts of a given case are, the general rule
is that hotel owners and or operators must use reasonable care to ensure
their guests’ safety. “Reasonable” is a subjective standard,
but generally speaking, hotel staff must keep track of the property’s
condition. Detected hazards should be remediated. Even undetected dangers
could give rise to liability if the owner or operator should have detected
the hazard. In short, if the owner or operator is aware or should have
been aware of the danger, and there was time to remediate the danger,
then the hotel owner or operator should repair the hazard.
Failing to repair, warn or remediate will give rise to liability if a hotel
guest is injured by the hazard.
Also note that the
slip and fall victim does not have to be a paying guest of the hotel. If the premises is held
open to the public and the victim entered the premises, the hotel owner
or operator can be liable for injuries that take place on the property.
You can be the guest of a guest, or someone just looking at the lobby.
Even trespassers have certain rights and can hold hotel owners and operators
liable for their negligently caused injuries.
Are you interested in learning more about summer vacation slip and fall
Click here to read about this area of law in our latest article. If you or a loved one has been injured in a slip
and fall accident, click here to learn about the steps you should take
to protect your health and your legal rights
by clicking on this link.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.