Whether you are planning your honeymoon, a much-needed family vacation, or a quick weekend getaway, you should expect your home away from home to be comfortable, clean, and safe. However, while hotels and resorts are places where people go to relax and enjoy time away from the stresses of everyday life, a relaxing and enjoyable trip can take an unfortunate turn if you or a loved one is injured in a slip and fall accident.
Depending on the severity of the accident, you could suffer injuries ranging from minor cuts and scrapes to broken bones and traumatic brain injuries. While the medical costs associated with your injuries will start to accumulate very quickly, you may be entitled to financial compensation if the property manager of the hotel or resort where you were a guest failed to properly maintain the premises. An experienced slip and fall accident lawyer will examine the details of the accident, determine whether negligence was a factor, and recover the maximum financial compensation you deserve.
Are Slip and Fall Accidents Common at Hotels?
Hotel and resort properties include everything from the private rooms and lobbies to restaurants and parking lots. Unfortunately, with guests coming and going at all hours, slip and fall accidents can occur at any moment, particularly if property managers do not take the necessary steps to identify and prevent possible hazards that can increase the risk of a slip and fall accident. The following are examples of some of the most common causes of slip and fall accidents at hotels and resorts:
- Wet floors in lobbies that do not have posted warning signs.
- Torn or warped carpeting that creates a tripping hazard.
- Icy parking lots and walkways that have not been properly salted.
- Broken or uneven staircases.
- Poorly lit hallways or staircases.
- Spills in dining areas that have not been immediately cleaned up.
- Slippery pool decks that do not have proper drainage.
- Cleaning equipment, luggage, electrical cords, or other obstacles left in walkways.
What Are Common Slip and Fall Injuries?
The severity of a slip and fall injury often depends on a number of factors, including the nature of the fall and the age and overall well-being of the person who fell. For example, if an elderly guest falls on an icy parking lot, their injuries are likely to be more serious than if a child slips and falls on the wet, slick pavement by the pool. The following are examples of common slip and fall injuries at hotels and resorts:
- Cuts and scrapes.
- Bruises.
- Soft tissue injuries.
- Broken bones.
- Sprains and strains.
- Shoulder injuries.
- Knee damages.
- Hip fractures.
- Back and spinal cord injuries.
- Head and brain injuries.
Who Is Liable for a Slip and Fall Accident at a Hotel or Resort?
Hotels and resorts must follow high safety standards in order to ensure that their guests not only have an enjoyable experience, but that they are safe and protected from harm throughout their stay. Their responsibilities include cleaning up spills, repairing uneven flooring or torn carpeting, replacing lighting in hallways and stairwells, getting rid of any debris in hallways, and clearing away ice and snow in parking lots, sidewalks, and walkways.
The following are examples of parties who may be liable for a slip and fall accident in a hotel or resort:
- Property manager if they failed to address a safety hazard on the premises.
- Equipment manufacturer if someone gets injured by pool or spa equipment.
- Company responsible for vending services if they were negligent in their duty to provide safe products.
- Security or construction companies if they failed to provide their duty of care.
How Do I Prove That the Hotel or Resort Was Negligent?
If you believe that the hotel or resort was responsible for the slip and fall accident that caused your injury, you may be entitled to financial compensation. However, in order to have a successful claims outcome, you must be able to prove that the hotel or resort was negligent.
There are four elements of negligence that you must prove, including the following:
- Duty of care. The property manager owes you and all guests a duty to maintain safe premises at all times and take reasonable steps to protect you from harm. This applies from the moment you check in to the hotel or resort to the moment you depart from the premises.
- Breach of duty. You must be able to prove that the property manager breached the duty of care by failing to meet its obligations. This could include failing to clear away ice on the sidewalk, failing to replace a broken light in a stairwell, failing to repair broken flooring, or failing to repair loose handrails. Examples of evidence that can help prove breach of duty include:
- Building code violations.
- Copies of maintenance records showing previous complaints.
- Security audit reports.
- Incident reports from previous accidents.
- Employee testimony about understaffing or ignored safety issues.
- Causation. You must be able to establish a direct link between the hotel’s negligence and your injuries. Medical records, expert testimonies, and other evidence are critical to proving causation.
- Damages. You must prove that you suffered actual damages by providing copies of medical records, employment records showing lost wages, and testimonies about the pain and suffering you endured as a result of the slip and fall accident.
What Steps Should I Take Following a Slip and Fall Accident in a Hotel or Resort?
In order to ensure that your legal rights are protected and that you have the best chance of a successful claims outcome, it is imperative that you take the following steps in the moments following a slip and fall accident at a hotel or resort:
- Call 911. This will ensure that police and Emergency Medical Technicians (EMTs) arrive at the scene as quickly as possible.
- Seek immediate medical attention. Even if your injuries do not seem serious, it is important that you are examined by a medical professional. If you do not get medical attention, an undiagnosed injury can become more serious. For example, head injuries – including TBIs – do not always show symptoms right away. This type of injury can become much more serious if treatment is delayed. In addition, if you do not get medical attention at the scene of the accident, the insurance company may deny your claim or present a lowball offer, stating that your injuries must not be very serious if you did not find it necessary to get medical attention.
- Report the accident to management. Notify the manager of the hotel or resort and insist that they create an accident report. This can be used as evidence when you file a claim.
- Collect evidence. Take pictures of the hazard that caused the accident and your injuries. If there were witnesses who saw the accident happen, ask if they would be willing to provide a statement and ask for their contact information. Also, obtain footage from the surveillance camera.
- Do not provide a recorded statement. The hotel’s insurance company may contact you directly, asking for a recorded statement about the accident. Do not answer calls from the insurance company. They will try to get you to say things that can be used against you and suggest that you were partially at fault, which will prevent you from being able to recover any damages.
How Can Virginia’s Contributory Negligence Rule Affect My Claim?
Virginia follows the “contributory negligence” rule, which is a strict legal doctrine that prevents injured parties from recovering financial compensation if they are found to be even 1% at fault. Insurance companies will look for any evidence that will place part of the blame on you to avoid paying a hefty settlement. An experienced slip and fall accident lawyer will protect your legal rights and ensure that you are not held liable for an accident that was the other party’s fault.
What Damages Am I Entitled to in a Slip and Fall Accident Case?
If you are able to prove that the property manager of the hotel or resort where you were injured was responsible for causing the accident, you may be entitled to the following damages:
- All medical expenses associated with your injuries, including hospitalization, surgeries, physical therapy, follow-up doctors’ appointments, and prescription medications.
- Lost wages if your injuries prevent you from being able to return to work for an extended period of time.
- Loss of future earning capacity.
- Property damage, including laptops, luggage, or other personal items.
- Pain and suffering.
- Loss of enjoyment of life.
- Mental anguish.
A Virginia Beach Slip and Fall Accident Lawyer at Anchor Legal® Can Pursue Maximum Damages for Victims of Slip and Fall Accidents at Hotels and Resorts
If you or a loved one was injured in a slip and fall accident while staying at a hotel or resort, do not hesitate to contact a Virginia Beach slip and fall accident lawyer at Anchor Legal. We will examine the details of your case, determine who is liable for your injuries, and negotiate the best possible settlement outcome. To schedule a free consultation, call today at 757-LAW-0000 or contact us online. Located in Virginia Beach, we proudly serve clients in the surrounding areas.