LOS ANGELES HOTEL INJURY CLAIMS
Hotel injury claims in California are more common than you would think. Thousands of native Californians like to have “stay-cations” or stay in these facilities for business. In addition, millions of tourists and vacationers every year like to soak up the California sun. Most large hotels and motels in the Golden State from San Diego to Los Angeles to The Bay Area including large chains like Marriott, Hyatt, Hilton, and similar resorts have good management and maintenance practices but, no one is perfect and negligent acts can and do happen which can lead to serious and, sometimes, catastrophic injuries or even death of a guest or room tenant.
Types of Mishaps That can Occur in Lodging Facilities
A resort’s staff may fail to keep you safe. They may not have adequate security to protect all guests. While employees operate a resort vehicle, they may injure a tourist. They may have staff that is undertrained or irresponsible. They must be held accountable. You may be the victim of:
Laws of the State of California Related to Hotel and Motel Owners.
Like residential and other commercial property owners, operators of lodging facilities are charged with a duty to use “reasonable care” and maintain their property in a reasonable safe condition by discovering unsafe conditions and repairing, replacing and/or giving adequate warning of any condition which could cause harm to someone. California Civil Jury Instruction 1001 This makes them legally responsible for dangerous conditions that they either knew about or should have known about in time to either, “repair, protect against harm, or warn of the condition.” In fact, as “innkeepers”, they have a duty to conduct reasonable inspections of their property for conditions which could cause bodily injury. They are liable for the acts of their employees what are acting within the course and scope of their employment at the time of any incident giving rise to personal injury. Moreover, if a hotel employee such as a maintenance worker creates a dangerous condition, the hotel owner is presumed to have notice of that condition, by law. These duties extend not only to property “owned, leased, or occupied” by the hotel operators but, also the property which they have asserted “control.” With regard to third-party criminal activity, innkeepers may be liable either if they are providing security and are doing so in a negligent manner or if they have prior notice of criminal activity similar to the type of activity which caused harm and failed to take preventative measures to secure their property.
Hotel operator, manager, and owners premises liability laws:
Liability for injuries is bases on the Status of the Victim Land owner or possessors liability varies greatly depending upon the classification of the victim. Invitee: An invitee is owed the highest duty of care. They are any individual who is either expressly or impliedly invited to another person’s premises for their mutual benefit. Licensee: Any individual who enters the premises at the owner or possessors consent for a non business or commercial purpose. The most common example is a social guest. In order to recover as a licensee, a victim must establish (all three):
- The owner or possessor knew or should have known of the dangerous condition, and should have known that it created an unreasonable risk of harm, and likewise should have known that the plaintiff would fail to discover the dangerous condition
- The owner or possessor did not make the condition safe or failed to warn the licensee of the condition
- The licensee did not know of the dangerous condition or the risks involved
Who do I contact?
Contact the Garcia & Phan if you have suffered an injury in a hotel room, resort swimming pool, parking lot, health club, elevators, or any other common areas. We will provide you with a detailed evaluation of your claim completely free of charge. Remember that it is crucial to act quickly after you’ve been injured to report any accident-injury claim before any limitations can lower or extinguish your rightful claim. Call us for a free consultation with one of our personal injury lawyers regarding your accident.
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Take a look at common questions
Yes. In most instances, we quickly arrange for a rental car for you so you can get on with your normal activities, and we make sure you get the car you need. Do you have a case?
Like any other profession, the quality of legal services varies tremendously from one lawyer to the next. Some lawyers are barely competent others are outstanding leaders of the legal community. These days, clients can use the internet to obtain information about a prospective lawyer. Internet searches can provide information on the attorney’s experience and trial results. I provide information about my actual results on this website so prospective clients can make the best decisions when hiring a lawyer and feel comfortable that the Garcia & Phan Law Firm has proven experience and results.
NO! Our office policy is straightforward and clear: We Don’t Get Paid Unless You Get Money from the Insurance Company! This means that if we don’t get you some monetary recovery, you will not owe us any fees. It’s as simple as that. No money upfront, and no hourly fees. This policy allows us to aggressively fight for the maximum recovery for you and your loved ones. No matter how long the case takes, we will be there fighting for your rights.
Yes. If you have lost earnings or have lost the ability to earn money in the future as a result of your accident, our office fight aggressively to get all of the money you have lost back for you.