Are you thinking of how to sue your hotel for negligence and discrimination? If YES, then this article would sure point you towards the right direction.
Indeed hotels can be held liable for injuries to guests in a number of situations, from a slip and fall accident to an assault. A good number of personal injury cases require the injured claimant to provide proof that his or her harm was caused by someone’s carelessness or negligence.
For a hotel to be legally responsible for injuries that occurred on its premises, you’ll probably need to establish that the hotel was somehow negligent. It entails showing that the hotel breached a duty owed to you and that the breach caused your injury.
Ideally, a hotel has a paramount duty to exercise reasonable care in operating its business and protecting guests. A hotel guest is considered an “invitee” under premises liability law, and is legally entitled to a high amount of protection.
Common hotel duties include maintaining adequate lighting, keeping steps dry and unobstructed, and repairing hotel property, furniture and equipment. In times past, hotel guests have won lawsuits regarding even the negligent design and construction of a staircase.
Have it in mind that when a hotel does not regularly inspect its premises, fails to keep the premises reasonably safe, or doesn’t take reasonable steps to warn guests of dangerous conditions, it has likely breached its legal duty to guests.
In all negligence cases, the defendant (the party being sued) must cause the plaintiff’s (the party suing) injury. It must be reasonably foreseeable to the defendant that his or her actions could cause injury to the plaintiff.
To succeed in a case against the hotel, the guest must experience an injury or some other loss. So, in a slip and fall case involving an obvious safety hazard, the guest must have been injured by the fall. It’s not enough to show that there was a hazard and that a fall occurred.
5 Easy Steps to Sue a Hotel for Negligence, Injury and Discrimination
Yes, you can sue a hotel for negligence, injury, or bed bugs. Although immediately filing a lawsuit is not always the ideal way to go about it. There are several steps that should be taken prior to filing a lawsuit:
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If you’ve already gotten injured or perhaps bed bug bites or you see them crawling around your room, that will be the ideal time to collect proof. Start with taking pictures of any injury or bites on your body (or anyone else who is staying in your room). Check out your bed, box spring, or bedding.
Take note if you see any bugs crawling around, or even if you notice larvae. Pictures or videos are essential. Ensure to use a Smartphone or any technology that allows you to take pictures (or video) and show proof that bed bugs are in the room.
Remove Your Belongings and Keep Them Safe
In the case of a bed bug or theft, the next thing is to remove your remaining belongings as quickly as possible. If you have anything in closets or drawers, take them out, comb through them, shake them out, and make sure there are no bugs in or around your items.
Ensure to get your items washed before taking them back home in order to kill the bed bugs. Once in your home, bed bugs can do significant damage, ruining your furniture and other items.
Since you’re not trying to encourage further problems by transporting bed bugs home or even on public transportation, such as a plane, it’s worth consulting with a professional to find out the best course of action to take.
Contact the Local Department of Health and Hotel Management
Once you have evidence and have your things in a safer place, you can then notify people about what’s going on. Start by contacting the hotel management right away.
Note they want to know details, such as how you got injured or bit, what happened, along with any proof you happen to have of the bugs. If necessary, escalate the problem to the hotel’s upper management (this might include calling the chain in some cases, if you’re staying at one).
Ensure to let the hotel management know that you want a different room for the rest of your stay. Ask for any items that stayed with you in the room to get treated. During this time, the local health department should make a visit, but you can also call them yourself if you’d prefer.
Health departments are tasked with noting when there are bed bug complaints in the area. As with any case that involves your health, keep careful records of dates, times, and who you spoke to. This can include hotel staff, the health department, and anyone who wants to talk to you about your situation.
Seek a Lawyer
After you must have made everyone aware of your situation, it’s time to take charge by seeking help from a lawyer. Find one in the area and make them aware of the situation and what’s going on.
Note that they can advise you of what steps to take, how long it can take for your case to go to court, and what you can expect if the hotel tries to settle out of court. Note that having this information and having a professional in your corner can make it a lot easier than trying to guess what to do next.
If you seek help from an attorney, the hotel will quickly realize that you mean business, and try to work with you and appease you as much as possible.
Find Out If You Need Medical Attention
Issues like bed bug bites can cause pain, irritation, and even exacerbate skin conditions. If you’re not feeling well after your incident and you notice problems in relation to where you got bit, it’s important to seek a doctor’s care right away. Doing so can prevent bigger problems from developing and ensure you’re in as little pain as possible.
If you do need the care of a doctor due to injury, make sure to save all receipts and bills showing what treatment was needed, a diagnosis, and what you paid for. This can get treated as a personal injury case, and you have the possibility of getting compensation for your health issues.
To sue a hotel for your injury, the hotel must have done something wrong to cause it. However, few lawsuits are filed against hotels in comparison to the number of injuries that happen at hotels. The majority of claims are either settled or closed without a lawsuit.
If you feel that a hotel’s negligence caused your injury, take photos of the dangerous condition. Get witness statements or hire a lawyer to get them. A hotel accident lawyer will know what information to put in the witness statement.