When staying at a hotel, whether for business, on vacation, or visiting family, one of the last things you’d expect is to sustain a serious injury. Unfortunately, hotel management and staff are responsible for ensuring their premises are safe for all who use them, and often, they fail to live up to this responsibility. That said, if you sustained injuries at a hotel, you’re likely now wondering whether there is a path to financial compensation. Please continue reading and reach out to a seasoned Union County slip and fall lawyer to learn more about hotel accidents and how we can help you fight for the compensation you deserve and need to heal after being harmed in one. Here are some of the questions you may have:
What Types of Hotel Accidents May Lead to a Lawsuit?
Hotels have several areas where preventable accidents may occur, including guest rooms, pools, stairwells, and parking lots. Common hazards that may lead to a claim are as follows:
- Wet floors without warning signs
- Torn carpeting or uneven walkways
- Broken stairs or missing handrails
- Defective elevators, doors, or furniture
- Poorly maintained pools or exercise equipment
- Inadequate lighting or negligent security
- Falling objects or unsecured fixtures
- Bedbug infestations or unsanitary rooms
What Must I Prove in a New Jersey Hotel Injury Claim?
Generally speaking, you will have to prove that the hotel owed you a duty of care, failed to act reasonably, and caused you to sustain damages. In many cases, one of the most important questions is whether hotel management had actual or constructive notice of the unsafe condition. More specifically, you may need to establish that:
- A dangerous condition existed.
- The hotel created it, knew about it, or should have discovered it.
- The hotel failed to correct the hazard or provide a warning.
- The condition directly caused your accident.
- You sustained compensable losses.
For example, if someone reported a spill and hotel employees failed to clean it, this may demonstrate actual notice. Alternatively, if the spill remained there long enough that a reasonable inspection should have uncovered it, the hotel may be considered to have had constructive notice.
You should also note that New Jersey follows a modified comparative negligence rule, which means that even if you are found partly responsible for the accident, you may still recover compensation, though your award can be reduced according to your percentage of fault.
What Should I Do After Being Injured at a Hotel?
After a hotel accident, you should seek medical attention and report what happened to management. If you are physically able, you should also take certain steps to preserve evidence, including the following:
- Photographing the hazard and surrounding area
- Obtaining contact information from witnesses
- Keeping reservations, receipts, and damaged belongings
- Requesting a copy of the incident report
- Preserving medical bills, wage records, and hotel communications
- Avoiding statements or settlement documents without legal advice
You should also note that the statute of limitations for personal injury claims in New Jersey is, typically, two years, which means you are required to file your claim within two years of the date your accident occurred. If you have additional questions or would like to speak with an attorney about your case, simply contact The Mark Law Firm for a free consultation today.
