Our office opens regular office hours during COVID-19 Emergency.

Articles Tagged with premises liability

Whether you have traveled to Escondido from a state far from California or you are a California resident and have simply planned a weekend trip to Southern California to spend time at the beach with your family, keep in mind that serious and deadly injuries can happen at hotels. While you might be prepared for the possibility of a car crash while you are traveling on the freeway, and although you may be taking precautions to prevent a drowning accident at the beach, you should know that hotels and motels can be dangerous places, too. When hotel or motel negligence results in a serious personal injury, you may be able to file a claim for financial compensation with assistance from an Escondido personal injury lawyer. In the meantime, the following are three things to know about hotel injuries in Escondido. 

Hotel Negligence Can Result in Many Types of Injuries

There are many different types of injuries that can result from hotel or motel negligence. For example, you or your child might sustain a serious injury as a result of a drowning accident near an unattended hotel or motel pool. Or you or another guest might sustain a serious injury in a slip and fall accident resulting from damaged flooring or a broken outdoor light that the hotel maintenance staff failed to replace. Slips and falls at hotels and motels can also occur in breakfast areas, at bars, and around pool decks due to liquid spills. At the same time, hotels may also be responsible for third-party assaults that happen because of negligent security—such as a hotel’s failure to repair a damaged door lock or window in your room. 

Hotel and motel hot tubs in Vista can pose a wide variety of risks to guests, from injuries caused by slips and falls around the hot tub to burn injury risks to drowning accident hazards for younger children or intoxicated guests. Yet it can be difficult to know whether an injury you sustained in or around a Vista hotel hot tub was the result of the hotel’s negligence, and thus whether you may be eligible to file a personal injury lawsuit. A recent hot tub accident lawsuit in California reported in Courtroom View Network emphasizes that these cases can be complicated, and it is essential to have an experienced Vista personal injury lawyer on your side. 

Recent Hotel Hot Tub Accident Lawsuit in California

A parent recently filed a lawsuit against a Howard Johnson hotel in California, according to the Courtroom View Network, after her daughter suffered a serious traumatic brain injury (TBI) in a hotel hot tub accident. The case involved the child’s near-drowning, and the mother alleged that the hotel was negligent because its hot tub was “too easily accessible for children,” and because “the hotel didn’t take adequate safety precautions to protect children playing in the facility.” The hotel argued that the plaintiff’s failure to supervise her daughter was actually the cause of the TBI the child sustained in the hot tub. The jury agreed with the hotel, and the case ultimately ended in a settlement, but it makes clear that the hotel likely would have been responsible if the circumstances were slightly different.

If you travel by yourself or with your family and book a room at a hotel or motel in San Diego County, what does that hotel owe you when it comes to your health and safety? Generally speaking, hotels and motels owe a duty of care to customers who are staying in the rooms. This duty of care means that the hotel needs to take whatever steps a reasonable person would take to ensure that customers are not exposed to unreasonable risks of injury or illness while staying on the property. Given that we are now living in the era of the coronavirus, it will be particularly important for hotels and motels to provide guests with appropriate safety and health precautions, and that they warn guests about potential hazards on the property. 

There are many different kinds of ways in which hotels and motels can be liable for guest injuries. The following are some examples of common hotel and motel negligence claims.

Slips, Trips, and Falls on Hotel Property

ryan-wilson-18905-copy-300x300The San Diego area is full of swimming pools, from the private Rancho Bernardo Swim & Tennis Club to public pools managed by San Diego Parks & Recreation. When you visit a hotel pool, a public pool, or a swimming pool at the home of a friend or family member in or around San Diego County, it is important to be aware of slip and fall risks. People who own or manage properties including swimming pools owe a duty of care to customers (for private club and public pools) and to friends and family members (for private residential pools) who are on the property. 

Sometimes swimming pool slips and falls happen when nobody plans to swim but the area near the pool is slick from water, while slips and falls also happen to swimmers and sunbathers. We want to say more about preventing slip and fall injuries and provide clarification about liability in swimming pool slips and falls.

Keeping Areas Around Pools Safe

eric-parks-87099-copy-200x300Who is responsible for severe and fatal bicycle accidents that occur in San Diego? The answer to that question depends on the specific facts of the case, but a recent report from NBC 7 News San Diego emphasizes just how important it is to file a bicycle accident lawsuit in Southern California if another party’s negligence results in your injuries. As that report notes, the City Council for the City of San Diego came to a unanimous agreement to pay a $4.85 million settlement to a cyclist who sustained severe and debilitating injuries as a result of an accident caused by uneven pavement.

While many bicycle accidents involve negligent motorists who are not paying attention to their surroundings or motorists who are driving aggressively and strike cyclists, the recent settlement makes clear that matters of premises liability can also affect the rate of bicycle accidents in urban areas.

Details of the Bicycle Accident in San Diego

IMG_0036Whether you are swimming in a pool at your San Diego home or are visiting a neighbor’s house, do you need to be worried about your child’s safety as well as your own? According to a recent article in U.S. News & World Report, swimming pools can become death traps more frequently than most of us would like to believe, especially for young children. As that article explains, around 18 millions homes in the U.S. currently have swimming pools, but drowning is actually the leading cause of accidental death among children 1 to 4 years old. As the article emphasizes, a majority of those unintentional deaths occur in home swimming pools.

While kids under the age of four are at a higher risk of drowning than children in other age groups, it is important to remember that drowning can result in the death of anyone, at any age. For kids under the age of 15, drowning is the second-leading cause of accidental death. As such, it is important to take precautions to prevent your pool from becoming a death trap, as the article warns.

Supervision and Swimming Lessons for Your Kids

800px-AmericanAlligatorHow often do serious and fatal injuries happen at large resorts? When a vacationer does get hurt, can he or she hold the hotel or the resort responsible? These types of claims fall under an area of personal injury law known as premises liability. In short, premises liability law holds that property owners—including resort and hotel owners—have a duty to keep a property free of hazards and to warn guests about serious dangers on the property. Why is this an important topic to discuss now?

Given that it is summertime, many families are planning vacations to resorts and hotels across the country. But more salient, perhaps, is the recent death of a toddler at the Walt Disney Resort, according to a report in The Washington Post. The child’s death may have happened in Florida, but it should alert parents in California and across the country to potential hidden dangers on family vacations and to the consequences of hotel negligence.

Child Killed by Alligator at Disney Property

Contact Information