What happens if you are hurt in a resort location? Not only does this put a significant damper on your vacation or your time away from home, but this could also expose you to severe injuries or even the loss of a loved one depending on the risk associated with the accident in itself.
Getting Help Following a Resort Accident
Consulting with an experienced premises liability lawyer such as Jeff Shaw is crucial for developing a game plan for tackling these circumstances. Resort premises accidents happen all too often as a result of inappropriate cleaning procedures, poor maintenance, or general safety issues such as a lack of a warning sign. When you can illustrate that the resort was responsible for identifying the situation and failed to warn you about it, you could file a premises liability lawsuit.
Can I File a Lawsuit Against the Hotel?
Actions to recover for accidents at motels, hotels, resorts, and private associations or club facilities are governed by general negligence principles that can empower victims to pursue a lawsuit.
In order to hold a resort liable for injuries that occurred on their premises, you must prove that the hotel or motel was in some way negligent. This means that the hotel or resort owed a duty of care to you and that in breaching this duty of care by failing to take necessary measures to prevent the injury, they could be held accountable.
Even though you might feel as though the facts are clear, it’s your responsibility as the victim to show that the resort caused the dangerous condition that led to your medical conditions. A complete claim includes showing their breach of duty, your injuries, and the connection between the two.
If a hotel does not maintain safe conditions or fails to inspect the premises, it can be seen as breaching their duty of care to guests and a premises liability claim can be brought. There are several different duties associated with resort premises. The general concept has to do with exercising reasonable care and maintaining a safe premise for guests. Hotels also have a responsibility to exercise reasonable care in operating the hotel business.
How Guests are Classified
A guest is considered an invitee under official premises liability law. Common resort or hotel duties include maintaining all elevators and stairs, keeping working locks on hotel rooms, training pool staff to prevent injuries and damages to guests, maintaining appropriate security to deter theft and crimes, controlling insect infestations, and repairing any defects that are exposed and unsafe. If there was not an appropriate warning, the hotel could be named as accountable in a premises liability lawsuit.
It is important for a person who intends to file a premises liability lawsuit to retain the services of an experienced and dedicated lawyer. Jeff Shaw recognizes the dangers presented to people visiting hotel and resort facilities across Indiana when those facilities do not maintain a safe environment and expose all visitors to severe risks. If you have already suffered in an accident like this, schedule time to talk to an experienced attorney immediately.