NYC Hotel Accident Lawyers
Hotel Injury Lawyers In New York City
When you book a hotel, you naturally expect a pleasant stay. It can be both surprising and frustrating if you suffer an injury due to the hotel’s negligence. However, you have the right to receive a reasonable standard of care, and hotels can be held responsible for injuries to guests and employees resulting from their negligence. There are several essential components to successfully pursue a personal injury claim against a hotel. If you were injured while staying at a hotel and believe it was due to someone else’s negligence, we encourage you to reach out to our NYC hotel injury lawyers at Rosenberg & Rodriguez. They will be glad to discuss your case and provide guidance.
Assessing Your Eligibility For A Hotel Accident Lawsuit
In order to hold a hotel responsible for your injuries, it is crucial to establish and provide evidence that the hotel acted negligently in some way and that their negligence directly contributed to the occurrence of your accident. This could include demonstrating specific actions or omissions on the part of the hotel that deviated from the expected duty of care towards guests, resulting in the harm or injuries you have suffered. By substantiating these key elements, you can strengthen your case and seek the appropriate legal recourse for the damages you have incurred.
Premises Liability In Hotel Accidents
Hotels are bound by the legal concept of premises liability, which holds land and building owners responsible for injuries that occur on their property. In certain states, property owners have an even greater obligation to ensure the safety of those they invite onto their premises. Hotel guests, in these states, are considered “invitees” and hotel owners have a heightened duty to protect them while they are on the property.
In New York State, the duty of property owners is not determined solely by the status of the person on the property, but rather by the foreseeability of their presence. This means that hotel owners, who clearly anticipate guests and members of the public on their premises, are obligated to fulfill certain duties. Like all property owners in New York, they are required to maintain a reasonably safe environment and promptly address any hazardous conditions that could foreseeably cause harm to those present on the property.
These specific premises liability laws, relating to personal injury, hold hotels accountable for damages in two scenarios. First, if someone is injured on the hotel premises due to a dangerous condition the hotel should have addressed and rectified. Second, if someone is injured by a hotel employee due to the employee’s negligence.
Proving Negligence For A Hotel Injury
Hotels can only be held accountable for incidents if it can be demonstrated that the hotel could have prevented them by acting differently and exercising reasonable care, in accordance with industry standards.
To establish hotel negligence, it must be proven that the hotel failed to fulfill its duty of care towards a guest, resulting in their injury. The injured party must show that the hotel’s lack of reasonable care directly caused their harm. For instance, if a guest slips and gets injured on a freshly mopped floor, the hotel (through its employees) may be deemed negligent for not taking precautions, such as placing a wet floor sign, to warn people of the potential hazard.
Common Types Of Hotel Accidents
Hotel accidents can happen in a multitude of ways. Some examples of the types of accidents that may occur on hotel premises include, but are not restricted to:
- Slip and Fall Accidents: A guest was injured when the hotel failed to clean up or provide a warning about a water puddle, leading to a slip and fall incident.
- Elevator and Escalator Accidents: Insufficient inspection and maintenance of elevators or escalators resulted in a guest getting injured, either due to being trapped between floors or experiencing a sudden stop during the ride.
- Negligent Security: The hotel lacked proper security measures such as secure doors, locks, fences, gates, and alarms, which resulted in a guest becoming a victim of robbery or other criminal intrusion.
- Fire Code Violations: Failure to install or maintain smoke alarms, improper labeling or obstruction of fire exits, or non-compliance with fire codes led to a guest suffering injuries or illness due to a preventable building fire or failure to be alerted about the fire.
- Unsanitary Conditions: For instance, a guest being bitten by bed bugs due to the hotel’s negligence in properly washing and sanitizing the bedspread.
- Defective Conditions: Structural flaws in the pool, pool deck, or associated structures such as stairs or ladders caused injuries to guests.
If you or a loved one has suffered an injury at a hotel due to someone else’s negligence, you may have the legal right to seek compensation for the damages you have endured. Contact our NYC hotel accident lawyers today for a free consultation and to learn more about how we can help.
Common Injuries In NYC Hotels
Given the diverse nature of hotel accidents, the resulting injuries can vary greatly in severity. Some examples of these injuries may encompass the following:
- Broken bones and fractures
- Concussions or other head injuries
- Back or spinal injuries, such as herniated discs
- Brain damage
- Emotional trauma in the aftermath of the accident
In personal injury cases, if you are injured due to the hotel’s negligence, you may be entitled to compensation, also known as “damages.” These damages can cover various aspects such as medical expenses, lost income, pain and suffering, mental anguish, loss of quality of life, emotional distress, and loss of companionship. Seeking legal recourse for injuries sustained in a hotel accident in NYC can help you recover the rightful compensation you deserve.
Understanding New York Hotel Accident Laws
If you are contemplating filing a personal injury lawsuit against a hotel in the State of New York, it is crucial to familiarize yourself with the specific laws that apply. Being aware of these laws will ensure that you are well-prepared and informed throughout the legal process.
A business or company can be held accountable for the negligent actions of its employees if the employee was acting within the scope of their employment. This legal principle extends to hotels as well, meaning that a hotel could be held fully liable in the event that one of its employees causes harm through an accident.
Statute of Limitations
In New York, the injured party has a three-year window from the date of negligence resulting in personal injury to initiate a lawsuit. Different statutes of limitations may apply to other cases where compensation is sought for damages caused by a hotel, including wrongful death, theft, or assault. For instance, wrongful death cases are subject to a two-year statute of limitations, commencing from the date of death.
Even if you reside in a different state, you may have the opportunity to pursue a personal injury case in New York if you were injured at a hotel there. The key factor in filing a lawsuit in a specific state or county is whether the court has jurisdiction over your claim. Given that you sustained injuries at a New York hotel, it is highly probable that you can proceed with a claim in New York State.
Contact Our NYC Hotel Accident Lawyers Today
If you have been injured at a hotel due to someone else’s negligence, we can help. Contact our NYC hotel accident lawyers at Rosenberg & Rodriguez for a free consultation and begin your personal injury claim. We have years of experience in helping New York residents and out-of-state victims recover general and punitive damages resulting from hotel accidents. We understand that the legal process can be confusing and intimidating, so our attorneys strive to make it easier for you by providing compassionate advice and representation throughout your case. Our team will do whatever is necessary to protect your rights and help you receive the compensation that you deserve.