Accidents in hotels...who's liable? (Part 1)

People stay in hotels for several reasons. It could be a business related trip, when going on holiday, when visiting family or friends who live far away or for any number of other purposes. Hotels play an important role, and, for those who travel to exotic places, historic cities and beachfront destinations, they are associated with some of the best experiences in their lives. Unfortunately, not all experiences turn out as planned or have a happy ending.

A British holidaymaker sued her tour operator after her legs were crushed by a coconut tree while sunbathing at a 4-star sea-side resort hotel near Negombo. A fifty-foot tree fell across her sun-bed and titanium pins had to be inserted to correct her shattered legs. She was treated in a hospital in Colombo and then flown back to Britain on a private jet after spending 12 days in hospital. The female tourist claims she suffers from nightmares, flashbacks and is frightened to go abroad after this accident. The UK tour operator who arranged the tour to Sri Lanka has reassured their customers that they take the health and safety of their clients very seriously and regularly audit the hotels and this was a rare incident. Maybe true, but, someone, and, in this case, the hotel in all likelihood may have paid a huge price.

Hotel and resort accidents can occur anywhere, anytime and can take many forms and happen in many areas on the property. But not all accidents are inevitable. With the exercise of reasonable care and common sense many accidents are avoidable. Hotels are responsible for keeping guests safe not only in their rooms and dining areas but also in their lobbies, stairwells, pools, gardens, parking lots, bathrooms and other areas within the premises where guests are free to move about.

Common accidents that can lead to serious injuries for a hotel or resort guest include:

• Trip and fall accidents due to frayed carpet or another uneven surface;
• Drowning or slip and fall accidents at unsupervised or inadequately maintained swimming pools;
• Slip and fall accidents due to unsafe showers or unlearned spills;
• Falls due to unsafe stairwells or railings;
• Poorly lit areas or a lack of proper security leading to a theft or assault; or
• Falls due to collapse of stage during outdoor hotel events.

Hotels are responsible for providing a safe environment for their guests. When they fail to do so, such as in the above situations, they put their guests at unnecessary risk for injury, and could be held responsible for injuries that do occur.

Hotel Liability and Negligence

Hotels have a very high legal duty of care (obligation) to do everything reasonably possible to make their premises safe for all guests, and to prevent hotel accidents wherever and whenever possible. The UK courts define a hotel’s premises to include the hotel’s airport shuttle vehicle, the hotel parking lot as well as inside the hotel itself. This includes all common areas, meeting and banquet halls, swimming pools, guest rooms, and other areas where guests are free to move about. Guests are invitees and entitled to protection from all reasonably foreseeable harm.

The terms reasonable and foreseeable are two of the basics of liability. Although a hotel has a legal duty of care to protect you from harm, it doesn’t extend to all harm. The duty is to protect you from harm that could reasonably happen. A foreseeable harm is one that a sensible hotel manager knows or should know could occur due to the hotel’s actions or omissions. When a hotel’s act or omission results in a guest’s injury, the courts consider it as the hotel’s negligence.

To be continued

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