Hotels are supposed to be a safe place for anyone who’s traveling, whether it’s for business or pleasure. Your only objective should be to relax as soon as you get to your room, but if not properly maintained, a hotel can become a dangerous place.
A slip-and-fall accident can leave you injured and ruin your experience as a traveler. If this unexpected event happens because of negligence, you have the option to sue the hotel and hold them liable for all damages caused. Speaking with a personal injury attorney before suing can increase your chances of receiving fair compensation.
The Owner’s Duty of Care
Property owners have a legal duty to keep visitors safe, which means they must do everything in their power to get rid of all hazards that could cause a slip-and-fall injury. Proving negligence for your claim means demonstrating that your accident could have been prevented by exercising the right amount of caution.
But proving a breach of duty won’t be enough to win a slip-and-fall case. You’ll need to prove several elements of your case, including that you were injured and that the conditions caused your injuries. You may need a lawyer to help you prove fault and file your claim.
Proving the Fall Caused Your Injuries
Proving that hazards were present in a hotel and the company and its employees did nothing to eliminate this dangerous condition is just the beginning. You’ll also need to gather evidence that demonstrates how your injuries are a direct consequence of a fall that was caused by someone else’s actions or inactions.
Your medical records are a key to success. They’re an important piece of physical evidence and can prove to defendants that your injuries are linked to the accident.
If this is not enough, you have the option to ask your doctor to release a statement about your health conditions, as they’ll be considered an expert witness for your case.
While there’s a chance of a slip-and-fall happening because of a sudden and unexpected event, it’s also possible that you’re not the first victim. All companies, including the hotel liable for a slip-and-fall, keep a record of past accidents. An attorney can easily obtain a copy of those documents.
This is a vital element for your personal injury case. These reports contain important details that will prove how long a trip hazard has existed in the hotel. That means that the owner was already aware of dangerous conditions on their property and failed to apply preventative measures to keep their clients safe.
For security reasons, many hotels set up surveillance cameras. If your accident took place outside of your room or anywhere that can be considered a shared area, there’s a high probability that footage of the event exists.
Obtaining this piece of evidence by yourself can be complicated, but your injury lawyer can ask for CCTV footage through a subpoena. Recorded evidence is effective at making negotiations easier, especially when insurance companies are wasting your time.
What Happens if I’m Partially Responsible?
If you suspect that you’re partially responsible for your slip-and-fall accident, you’re typically still entitled to compensation if a property owner was negligent. Florida follows a pure comparative negligence rule, which means that you can be compensated no matter how high your percentage of fault is.
While this is a positive factor for your finances, it also means that the hotel and insurance adjusters are unable to dismiss your case by simply putting the blame on you, and will focus all their efforts on diminishing your claim’s value. Talk to a lawyer about protecting the full value of your claim.
How Much Time Do I Have to Sue a Hotel?
The statute of limitations for a slip and fall in Florida is four years from the date of the accident. This means that once this deadline has expired, you’ll lose all rights to collect compensation.
It’s one of the many reasons why you should consult with a lawyer and sue the hotel as soon as possible. They can help you act now, while evidence is still new and available.
Speak with a Slip-and-Fall Lawyer After a Hotel Injury
Slip-and-fall cases can be tough to win without extensive legal knowledge, especially if you’re facing long-lasting injuries. Connecting with a slip-and-fall lawyer who’s ready to protect your rights to compensation can preserve your health and your finances.
If you’re ready to get started, you can reach out to Lopez & Humphries, PA, for your free case evaluation. All you have to do is call 863-709-8500 or fill out the contact form. Our legal team will provide you with the information needed to help you get compensated.