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Few things can ruin a work trip or vacation than a serious slip and fall accident in a hotel. When that happens, you might be left wondering who will be held accountable for what happened. The answer depends on the specific circumstances, the nature of the injuries, and your legal representative’s knowledge and skills. To start, we will consider why these accidents happen.
What Are Common Causes of Slip and Fall Accidents in Hotels?
Slip and fall incidents in hotels can occur for a variety of reasons:
- Wet or recently mopped floors, more likely found in bathrooms, kitchens, and dining areas.
- Uneven carpeting and flooring.
- Poor indoor or outdoor lighting.
- Damaged stairs and handrails.
- Unmarked hazards.
In outdoor areas, weather conditions like rain, ice, or snow may create dangerous conditions if not addressed properly by hotel staff. Poolside areas are another common location for falls due to wet surfaces.
When Is a Hotel Liable for a Slip and Fall Accident?
A hotel may be held responsible for a slip and fall accident if negligence contributed to the hazardous condition. The key is proving whether the hotel knew (or should have known) about the hazard and failed to take reasonable steps to correct it.
For example, if a spill in a hallway was left unattended for hours despite staff being aware of it, the hotel may be responsible for resulting injuries. Or, if inadequate lighting in a stairwell led to a fall, the hotel’s failure to maintain a safe environment could result in liability. As you can imagine, undisputable evidence plays a key role in these claims.
What Should I Do After a Slip and Fall at a Hotel?
Reporting the accident to hotel management immediately is important so that there is an official record. Seeking medical attention is also necessary, even if injuries seem minor at first; you might have internal injuries, and medical documentation can be valuable in any legal claims that may arise.
Photographs of the scene, including the hazard that caused the fall, can serve as important evidence in slip and fall claims. If witnesses were present, obtaining their contact information can also be helpful. Keep records of your medical treatment, expenses, and any communication with the hotel to strengthen your claim.
Can a Guest Be Held Responsible for Their Own Fall?
In some cases, a hotel may argue that the guest was partially or fully responsible for the accident. If a guest acts recklessly, ignores warning signs, or wears inappropriate footwear for the conditions, they may share some liability.
New Jersey follows comparative negligence laws, so an injured person’s compensation may be reduced based on their percentage of fault. If a guest were found to be 20 percent responsible for their fall, any compensation awarded could be reduced accordingly. Should they be 50 percent or more responsible, they will not receive compensation.
How Can Hotel Negligence Be Proven?
Proving negligence in a slip and fall case requires evidence that the hotel failed to address a hazardous condition in a reasonable amount of time. Surveillance footage, maintenance records, and witness statements can help establish whether the hotel was aware of the danger and failed to act.
An investigation may reveal that the hotel had a history of similar incidents, lacked proper safety policies, or failed to provide adequate staff training on hazard prevention. These factors can support a claim that the hotel did not take reasonable steps to maintain a safe environment.
Newark Slip and Fall Lawyers at Goldstein & Goldstein, LLP Offer Free Legal Consultations
The Newark slip and fall lawyers at Goldstein & Goldstein, LLP understand the challenges involved in personal injury cases and are ready to explain your legal options. For a free consultation, call our East Orange, New Jersey office at 973-675-8277 or complete our online form. We serve clients in the surrounding areas.
