Can You Sue a Hotel or Resort for Personal Injury?

Hotels and resorts owe what’s legally known as a “duty of care” to all their guests. This means they are legally obligated to maintain reasonably safe premises and take steps to prevent foreseeable harm.

This duty of care isn’t just about providing a pleasant stay—it’s a legal requirement. If a hotel fails to address a known hazard or doesn’t take proper precautions to ensure guest safety, and that failure results in injury, they can be held liable under premises liability law.

Not every accident that happens at a hotel is grounds for legal action, though. There’s an important distinction between negligence (the hotel failing to address a known hazard) and unavoidable accidents that no reasonable precautions could have prevented.

Common Types of Hotel and Resort Injuries

Personal injuries at hotels and resorts come in many forms:

• Slips, Trips, and Falls
• Swimming Pool Accidents
• Food Poisoning
• Burns
• Bed Bug Infestations
• Injuries from Defective Furniture or Equipment
• Assaults and Criminal Acts
• Transportation Accidents
• Injuries due to Lack of Maintenance
• Exposure to Toxic Chemicals

What to Do Immediately After an Injury in a Hotel or Resort

The steps you take right after an injury can significantly impact any future legal claim:

Report the Incident

First, report the incident to hotel management immediately. Request a written incident report and get a copy before you leave. This creates an official record that will be difficult for the hotel to dispute later.

Document Everything

Take photos or videos of the exact location where your injury occurred, capturing any hazardous conditions like wet floors without warning signs, broken furniture, or inadequate lighting. These visual records can disappear quickly once the hotel becomes aware of a problem.

Collect Witness Information

If anyone witnessed your accident, collect their contact information. Independent accounts can strengthen your case considerably.

Seek Medical Attention

Get medical help promptly, even if your injuries seem minor. Some injuries, particularly head trauma, may not show symptoms immediately. Medical records also provide crucial documentation connecting your injuries to the hotel incident.

Be Careful What You Sign

Be cautious about what you say and sign. Hotel staff may try to get you to sign documents or make statements minimizing the incident. Politely decline until you’ve consulted with a lawyer.

How to Establish Hotel or Resort Negligence

To win a personal injury case against a hotel, you’ll need to establish four key elements:

1. Duty of care – The hotel had a legal obligation to provide reasonably safe conditions
2. Breach of duty – They failed to meet this obligation
3. Causation – Their failure directly caused your injury
4. Damages – You suffered actual harm (medical bills, lost wages, pain and suffering)

For example, if hotel staff knew about a leaking ice machine creating slippery conditions but didn’t clean it up or post warning signs before you fell, that demonstrates negligence. Your medical records, photos of the scene, and witness statements help connect that negligence directly to your injuries.

When You Might Not Have a Case

Not every hotel injury warrants legal action. You may face challenges if:

• Your own reckless behavior contributed significantly to the accident
• The hotel had posted appropriate warning signs that you ignored, like “Wet Floor” markers or “No Running” signs in pool areas.
• You violated clearly established hotel rules, such as accessing restricted areas or using facilities outside of designated hours.

How to File a Lawsuit Against a Hotel or Resort

If you’re considering legal action after a hotel or resort injury, here’s what the process usually looks like:

Talk to a Premises Liability Lawyer

Start by consulting a premises liability lawyer. These attorneys specialize in cases involving unsafe property conditions. Most offer a free initial consultation to assess whether you have a valid claim and explain your legal options.

File a Claim or Lawsuit

If your attorney believes you have a valid case, they’ll either file a claim with the hotel’s insurance company or initiate a formal lawsuit in court. This step usually comes after collecting key evidence like medical records, witness statements, and photographs of the scene.

Discovery Phase

This is where both sides exchange information. Your lawyer will gather vital evidence such as hotel maintenance records, security footage, and staff logs. This phase helps build a strong case by showing how the hotel may have been negligent.

Settlement Negotiations

Most personal injury claims settle out of court. Your attorney will negotiate with the hotel’s insurance company to try and reach a fair settlement. If a deal can’t be made, the case may proceed to trial.

Know the Deadlines

Every state has a statute of limitations—usually between 1 to 3 years—that limits how long you have to file a personal injury lawsuit. That’s why it’s important to act quickly and talk to a lawyer as soon as possible.

Working with a Personal Injury Lawyer

A qualified attorney brings invaluable experience to your case. They understand hotel liability laws, know how to calculate fair compensation for your injuries, and can counter the aggressive tactics of insurance companies.

Your lawyer will handle communications with the hotel and their insurance company, gather evidence, consult with medical experts if needed, and negotiate for the maximum possible settlement.

If you need a Boston personal injury lawyer, DiBella Law Offices has your back. Being injured at a hotel or resort is overwhelming—but you don’t have to go through it alone. Knowing your legal rights and taking swift action can not only help you secure fair compensation, but also hold the hotel accountable and protect future guests from harm.

Conclusion

Suffering an injury during what should be a relaxing stay at a hotel or resort can be both frustrating and stressful. But you do have options. When a hotel fails to keep its property safe, and that negligence leads to injury, you have the right to seek compensation.

If you believe a hotel or resort was at fault, speaking with an experienced personal injury lawyer can help you understand your rights and build a strong case.