Can you sue a hotel for injury?


California is a hub for tourists, travelers and visitors. With millions of people visiting the state annually; and the meticulous hospitality industry compromising over eight thousand hotels, motels and resorts, it is no surprise that the industry is worth over $30 Billion. In an industry as colossal and complex as the Hotel Industry there are bound to be accidents. There are few things that can be considered as annoying as injuring yourself in the midst of your vacation, get away weekend or while you are visiting your family and friends. It dampens your mood, ruins your and other vacations and inevitably ruins the rest of your plans. Furthermore accidents inside of hotel/motel/resort premises are more common than one might think, trip and fall, elevator incidents and swimming pools accidents being the most frequent type of incidents that occur. The average settlement for hotel injury claims is considered to be around $15,000 as most
hotel-related injuries are not as serious. If a guest suffers injury due to negligence on the part of the hotel owner or employ they are entitled to a personal injury settlement under the premises liability.

A hotel has a legal duty towards its guests. Under the California Civil Code Section 1714(a) the owner of a hotel is obliged to exercise ordinary care and skills, if they fail to do so the injured guest is well within their rights to demand compensation.

How to approach a Hotel Damage Claim (for guests)?

When the hotel violates the statutory duties of ordinary care, the victim can sue them for negligence. However, to be eligible for the settlement the law requires providing the burden of proof; where you have to provide the following evidence:

  • Hotel’s breach of duty and negligence, which let to your injury
  • That hotel was responsible for the injury
  • Your injury resulted in physical, mental or monetary damage.

However, premises liability insurers require proper and compelling evidence to backup your injury claims. The insurers analyze your evidence and determine if you are entitled to the compensation you demand, if the evidence provided is found to be lacking the insurers can reduce or completely expel the settlement. This is where it becomes necessary to seek out a personal injury attorney.

When to hire personal injury lawyer?

Personal injury attorneys usually settle most premises liability claims outside the court. However if the victims suffer from serious and permanent injuries/loss it is advisable to consult an experienced personal injury attorney to ensure that your rights are protected.

It is important to act quickly in case of any accident related to injury claims. Delays of any sort can significantly reduce your chances to be awarded your injury settlement. If you or your loved one has suffered injuries due to the negligence of hotel owners or the hotel staff contact us at Garcia & Phan. At Garcia and Phan we provide you a detailed and expert evaluation completely free of charge.

Contact an Experienced Personal Injury Attorney Orange County, California.

Call us for a free consultation with one of our personal injury lawyers regarding your accident.


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