As the end of the school year approaches and people plan vacations in Encinitas and throughout Southern California, it is important to understand the types of injury risks that exist for guests of all ages and the ways in which hotels, motels, and other resorts or vacation rentals can be liable in the event of an injury. From harm caused by negligent maintenance of the premises to harm from inadequate security, there is a range of hazards that exist at hotels and motels. In many cases, the business is liable for injuries that happen to guests, and an experienced Encinitas hotel injury attorney can speak with you about your options for filing a claim. In the meantime, we can give you more information that will be helpful as you think about spring and summer vacation plans.
Hotels Owe a Duty of Care to Guests and Restaurant Patrons
Hotels and motels owe a duty of care to their guests who are staying overnight on the premises and even to patrons who are visiting the hotel for only an hour or two for dinner in the hotel restaurant or for a spa treatment. When hotels fail to ensure that their property is reasonably safe and when they fail to take reasonable steps to avoid harm, they can be liable for injuries that occur.
Causes of Injuries and Harm at Hotels and Motels in Southern California
What are some of the most common causes of injuries at hotels and motels among guests and patrons? While a wide range of accidents and dangerous incidents can occur, the following are frequent reasons that people suffer injuries at hotels:
- Liquid spills that result in slips and falls;
- Damaged flooring that results in trips and falls;
- Negligent swimming pool maintenance;
- Negligent or inadequate safety measures that allow assaults to occur;
- Defective elevators or escalators;
- Defective equipment in the hotel gym; and
- Restaurant food poisoning due to negligent food preparation.
While many hotel injury claims are based on the hotel or motel being negligent, some claims will also be strict liability cases where the injury resulted from a defective product, such as a defective elevator on the premises.
How to File a Southern California Motel Injury Claim
In order to file a claim, you should get in touch quickly with a personal injury attorney in Southern California who can assess your claim. You will need to determine the type of personal injury lawsuit you will be filing and the specific elements you will need to prove under California law in order to win your case. Most hotel injury lawsuits are based on a theory of negligence, but the specific elements of the claim can vary depending on whether the injury resulted from an assault, a slip and fall, or another type of accident. No matter what, you will likely have only two years from the date of the injury to file your claim according to the California personal injury statute of limitations.
Contact an Encinitas Personal Injury Attorney
If you have questions about filing a hotel injury claim or need assistance getting started, one of our Encinitas personal injury lawyers can help. Contact the Walton Law Firm to learn more.
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