When you think of a resort hotel, you think of ridiculously comfortable beds, honor bars, and huge television sets with every channel you can name. You also think of a place with several restaurants that serve delicious and highly caloric food. Some hotels sponsor recreational activities such as tours, hikes, and exercise classes. If you participate in any of these activities, you should know that a hotel may be held responsible if you are injured.
Depending on the circumstances, a hotel may be liable if one of its guests is injured during an activity. Hotel injury lawyers will tell you that you should call for a free consultation if you have been injured. There are several circumstances under which a hotel is likely to be considered liable for your injuries.
Were the activities done on hotel property?
If you are injured at a business, that business has a duty of care to anyone who legally visits their property. They must take reasonable precautions to keep visitors safe. This means they must keep all walkways free of clutter, and they must warn you of such things as wet floors and construction projects. If signs are not posted, and you injure yourself, the hotel’s insurance should pay for your injuries. If they refuse, you can sue.
If you report to the conference room or area where the activities are being held and you trip over something left in a walkway or slip on a wet floor that does not have the appropriate signage, the hotel will be liable.
If the equipment they provide you with is in disrepair or the area in which the activities are to be performed is not safe, the hotel would be responsible. For example, if you were supposed to play golf and they provided you with cleats that were so worn down that they had no grip or a golf cart with no brakes, the hotel would be required to pay your bills.
The instructor of the activity should also have safety training. If you are injured, they should get you to care right away. They should have a first aid kit for any minor scrapes and bruises. The person leading the activity should never make you do anything you are uncomfortable with. If you are playing a game of soccer and drop out because it is getting too rough, the instructor should not make you get back into the game by taunting or forcing.
Was a warning provided?
Certain activities are dangerous by nature. If you take a scuba diving class or go for a hike with a guide from the hotel, the hotel is likely to have you sign a waiver absolving them of the blame should you have an accident.
The validity of waivers is determined by the state in which you live. In most cases, a waiver will be considered invalid if the hotel treats you with reckless disregard. For example, if they told you that they were going to take you on a beginner’s hike and proceeded to drive you up to a mountain and lead you on an advanced trek where you were injured, you may be able to sue them. If you took a cooking class involving knife tricks and were hurt, the hotel may also be liable.
Collecting Evidence
If you are injured at a hotel, it is important to collect as much evidence as you possibly can. When you have an accident, the hotel manager must give you the name of the hotel’s insurance company. They should have you fill out an accident report and assist you if you are unable to do it.
Take pictures of the scene if you can. Get the names and numbers of any witnesses who may have seen the accident. Save every medical bill you get and the receipts for any medications you may have to take.
Get your employer to write you a letter detailing the number of hours you have missed from work. You should also document any other expenses related to the accident. This may include bills from home cleaning services or child care services. If you had to pay for Uber rides, you should document that as well.
Class Action Lawsuits
If there were multiple injuries during an activity, you and the other injured parties might want to talk to an attorney about a class action lawsuit against the hotel. A class action is a type of lawsuit that allows one or more individuals to file a lawsuit on behalf of a class of people. It lets courts manage lawsuits that have many plaintiffs.
Plaintiffs who have been wronged in the same way as the filer can join the suit instead of filing separate suits. If other people have been injured from participating in the same activity that injured you, you can begin a class action and let them join your suit. It does not matter if you participated in the activity at different times.
A class action lawsuit can net plaintiffs a large amount of money. The people who initially bring the lawsuit will get the largest payouts. However, you should know that these cases can take years to settle.
What to Look for In an Attorney
The attorney you choose should specialize in personal injury and be well-versed in cruise ship lawsuits. Cruise ships can be hard to sue because they are often headquartered in a different state or country from which the boat was launched. It is best to find a lawyer with a proven track record of suing cruise ships successfully.
You should always select an attorney that can provide you with references. They should have a great reputation with the state bar association as well.
No one expects to be hurt when they stay in a hotel. It is supposed to be a place of peace and relaxation. If you have been injured, call an attorney today.