Whether you are visiting a hotel for work or pleasure, you expect (at a minimum) that it will be safe and clean. Unfortunately, too many people are unpleasantly surprised when they check into their hotels. Even higher-end hotels and resorts can have problems, including dangerous conditions that can lead to falls.
If you are hurt in a slip and fall at a Long Island hotel or resort, you may be able to file a lawsuit against the company. Through a premises liability claim, you can recover financial compensation for your medical bills, lost wages, pain and suffering, and other losses. Our Long Island slip and fall attorneys will fight to get you the money that you deserve for your injuries.
The Odierno Law Firm Accident and Injury Lawyers represent people throughout Suffolk and Nassau Counties who have been hurt in all types of accidents, including slips and falls at commercial properties such as hotels. From our law offices in Melville, we advocate for our clients’ rights to full compensation.. Reach out to our law offices today to schedule a free consultation with a Long Island personal injury lawyer.
Fell at a Long Island Hotel. Can You Sue?
Slips and falls can happen anywhere, including at Long Island hotels and resorts. They have many different causes, including:
- Icy or snowy sidewalks
- Slippery floors
- Debris or clutter in walkways
- Poorly placed floor mats
- Spills that haven’t been cleaned
- Poorly lit walkways and hallways
- Broken concrete or flooring
- Torn carpets
These are all examples of hazardous conditions that may result in a fall. Under New York law, property owners owe people who come onto their premises a duty to prevent harm caused by these types of conditions. If they fail to do so, they could be liable in a premises liability lawsuit.
Premises liability is a special type of personal injury lawsuit. These claims are typically based on a theory of negligence or carelessness. To prove that a property owner was negligent, you will need to prove the following:
- You were lawfully on the property.
- There was an unsafe condition on the property.
- The property owner knew or should have known about this dangerous condition and either failed to fix it or warn others about it.
- You were hurt because of the unsafe condition.
- You suffered damages (losses) as a result.
When it comes to falls at hotels and resorts, property owners have a much higher duty of care to keep their property safe. That is because most of the people who enter the hotel property are there for business purposes.
In premises liability cases, New York categorizes people based on the reason why they are on the property:
- Invitees enter a person’s property for the owner’s benefit. In hotels and resorts, this could include guests staying at the property or even a contractor who enters the hotel to do work. Property owners owe the highest duty of care to invitees. Under New York law, to protect invitees, property owners are required to regularly inspect the premises and either fix or warn about any known hazards. For example, at an indoor pool area of a hotel, there should be a sign warning of slippery floors.
- Licensees are people who enter a property with the owner’s permission, but for their own purpose or benefit. For example, friends who come over to your house to have dinner would be considered licensees. Property owners have a lower duty of care when it comes to licensees. They are still required to maintain their property in a reasonably safe condition, fixing or warning about known hazardous conditions. They should inspect their property periodically for dangers, but they do not have the same obligation to do regular checks.
- Trespassers are people who enter property without permission. Property owners still owe trespassers a duty to use reasonable care, but do not have an obligation to maintain their property in a safe condition to protect trespassers. However, if there is an attractive nuisance (something that is both dangerous and attractive to children, like an outdoor pool at a resort), then property owners have a higher duty of care to protect trespassing children from harm.
If you are staying at a hotel as a guest, then you will be considered an invitee. This means that the hotel has an obligation to regularly check for dangers and fix or warn you about any hazardous conditions, such as a floor that was recently mopped. If you fall because of a dangerous condition, then you may be able to file a lawsuit against the hotel or resort.
For example, consider a situation where you slip and fall over a carpet that is torn, with loose, frayed edges. The tear was not new and was something that the hotel should have known about during routine inspections of the property. In this case, a lawsuit against the hotel for your injuries will likely be successful.
It is important to note that the hotel either had to know about the issue or should have known about it to be held liable. If you slip and fall on a spilled drink immediately after it crashed on the floor in a hotel bar, then the hotel probably won’t be responsible for your injuries. That is because they did not have a chance to fix the issue before you fell.
A hotel may also not be fully liable for your injuries if you are using the property in a way that you shouldn’t be, such as climbing up onto a stone retaining wall and jumping off of it. If you are hurt by a dangerous condition but are somewhat at fault for it, you can still recover for your losses under New York’s comparative negligence rules. Your total recovery will be reduced by the percentage that you were at fault.
Premises liability claims can be complicated. If you fall and get hurt while a guest at a hotel, our law firm is here to help. Reach out at any time to schedule a free consultation with a Long Island slip and fall attorney.
Settlements and Compensation in Long Island Hotel Slip and Fall Cases
In any personal injury case, it may be necessary to file a lawsuit to preserve your legal rights. Like every other state, New York has a time limit for filing these types of claims. The statute of limitations for personal injury cases in New York is 3 years.
Because of this rule, your Long Island slip and fall attorney may advise you that it is necessary to file a formal lawsuit against the hotel or resort where you fell. This does not mean that your case will go to trial. In reality, the vast majority of personal injury cases are resolved outside of court.
Our law offices work to settle cases whenever possible, knowing that it is typically in our clients’ best interests to resolve a claim without going to court. However, we will only settle a case if the insurance company is willing to offer a fair settlement. This offer should include money for all of your losses, including:
- Economic damages: This category covers direct financial losses, such as property damage, lost wages, reduced earning capacity, medical bills, and future medical care.
- Non-economic damages: These damages pay for intangible losses, including loss of enjoyment of life, pain and suffering, emotional distress, scarring, and disfigurement.
- Punitive damages: These damages are only awarded in situations where the at-fault party acted intentionally or recklessly. The goal of punitive damages is to punish a wrongdoer instead of compensating an injured victim for their losses.
Any slip and fall settlement must account for all of your losses. In many cases, insurance companies try to downplay the severity of a person’s injuries, particularly the emotional harm that they suffered as a result of the accident. They often make lowball settlement offers to try to resolve the case for as little as possible, particularly when a fall victim is not represented by legal counsel.
The insurance adjuster’s job is to protect the company’s bottom line. Our job is to fight for your best interests. We will skillfully negotiate a fair settlement that covers your losses fully. If the hotel’s insurance company won’t offer you the money that you deserve, we will take your case to trial and ask the jury to return a verdict in your favor.
Hurt in a Hotel Fall? Call Our Law Firm Today.
A stay at a hotel should be relaxing – or at the very least, it should not result in injury. Unfortunately, many hotels are lax when it comes to making sure that their property is safe. If you are injured in a slip and fall at a Long Island hotel or resort, we can help you get top dollar for your injuries.
At The Odierno Law Firm Accident and Injury Lawyers, we are committed to helping our clients get maximum compensation for their injuries. Whether you were hurt in a slip and fall, a car accident, a dog bite, or another type of accident, our team of highly skilled lawyers will fight to get you justice. To learn more or to schedule a free initial consultation with a Long Island premises liability attorney, give our law firm a call at 631-973-6221 or fill out our online contact form.