Whether you are traveling for business or pleasure, staying at a hotel is supposed to be an enjoyable experience. Regrettably, accidents and injuries can sometimes occur. Accidents such as trip-and-falls, slip-and-falls, pool and gym injuries, and elevator and escalator mishaps happen more often than many guests realize. If you are traveling in Virginia as a business visitor or on vacation, an unexpected injury at your hotel can raise an important question: Who is liable for the medical bills and other damages you incur?
Injuries sustained in a hotel or other similar accommodation are governed by the premises liability laws of the state in which they occur. In these cases, Virginia’s premises liability laws determine whether the hotel can be held liable, even if the victim lives in a different state. If a hazardous condition at a resort or hotel caused your injury, contact the Virginia Beach premises liability lawyers at Shapiro, Washburn & Sharp today to schedule a free consultation.
What is a Virginia Hotel’s Legal Duty to Its Guests?
By offering accommodation, hotels invite members of the public onto their premises as guests. In these situations, as a paying guest, state law classifies you as an invitee. In other words, since you are on the property by invitation, hotels owe you a higher duty of care.
Virginia law states that hotel owners are expected to take reasonable measures to protect guests and their belongings. Hotels are defined as “any place offering to the public for compensation transitory lodging or sleeping accommodations, overnight or otherwise, including but not limited to … hotels, motels, travel lodges, tourist homes, or hostels.”
Simply put, hotels have a responsibility to maintain their properties in reasonably safe conditions and to exercise due care. This includes warning guests of any hidden hazards, such as broken handrails in stairwells or slippery floors. Keep in mind that this duty does NOT extend to warning guests of hazards that are reasonably apparent or obvious.
To hold a hotel liable for an injury, management must have been made aware of the dangerous condition. This requirement is satisfied if the hazard existed long enough for the staff to have been aware of it by exercising reasonable care.
According to state law, hotels are required to be diligent and take due care in hiring competent and trustworthy employees. A hotel could be held legally responsible if a dishonest or incompetent employee causes a guest’s injuries. This means employees like gym staff and lifeguards are expected to be properly trained on safety procedures and preventing injuries to guests.
A hotel’s duty of care also extends to maintaining elevators and stairwells, providing adequate lighting, maintaining proper security, including locks on windows and doors, and controlling insect and rodent infestations.
Generally speaking, hotels are not responsible for protecting guests from or warning them about criminal acts by third parties, except in narrowly defined circumstances. Whether or not the hotel has a duty to warn depends on the facts of each case.
What Should I Do If I Am Injured at a Virginia Beach Hotel?
Since premises liability is based on negligence, a hotel’s failure to uphold its duty of care is treated as negligence under Virginia law. To recover damages in a negligence-based case, you must prove that the negligence was the direct cause of your injury. The mere fact that an unsafe condition exists is not enough. If, however, the hotel violates its duty to ensure your safety, and you are hurt as a result of that violation, you are likely entitled to financial recovery for your damages.
When you are injured at a hotel or other place of accommodation, the first step you should take is to seek prompt medical attention. Waiting to get a medical evaluation could allow your condition to worsen.
Once your medical needs have been seen to, you need to take steps to preserve vital evidence and document the incident. You can:
- Take pictures or videos of the accident scene
- Get the names, phone numbers, and addresses of any eyewitnesses, including hotel guests and staff
- Save any material evidence related to your accident: For instance, if you were injured in a slip-and-fall accident, keep pertinent articles of clothing, such as your shoes.
A formal report should also be made to hotel management, informing them of the incident. Do not sign any paperwork concerning the circumstances of your accident. Stick to objective information like the time, date, and place of the accident.
When Should I Consult a Virginia Beach Premises Liability Lawyer?
If your injuries are severe, meaning they require extended or extensive medical care, it is a good idea to speak with an experienced Virginia Beach premises liability lawyer before you do anything else, especially speaking to the hotel’s insurance adjuster, who will try to talk to you as soon as they are notified of the incident.
Remember, an insurance adjuster’s goal is to settle your claim for the lowest amount of money possible. Do not give them any information besides your name and address. More importantly, never sign or make any statements regarding the accident or your injuries. When the adjuster tries to speak with you, simply advise them that you will be seeking legal representation and that your lawyer will be in touch.
All We Do Is Injury Law
Injuries at Virginia Beach hotels are governed by Virginia law, so retaining a nearby lawyer is strongly recommended, as they are able to visit and investigate the accident scene and interview hotel staff about what they saw. If your case goes to court, a local lawyer will be familiar with any applicable procedures and practices. Working with a Virginia Beach-based lawyer doesn’t mean you have to travel back and forth. In fact, unless your case ends up in court, the investigation and negotiations can be conducted via phone calls and emails.
Although each case is different, the Virginia Beach premises liability lawyers at Shapiro, Washburn & Sharp have over 100 combined years of experience assisting injured clients gather and preserve critical evidence, and build solid cases for full and fair compensation, like the $800,000 jury award we obtained for a client who was hospitalized with a broken hip after he slipped on a flight of outdoor stairs at a rental property.
If you were injured due to unsafe conditions on hotel property, and would like to talk to one of our trusted attorneys about your potential claim, call (833) 997-1774 or fill out the contact form on our website. Our offices are in Virginia Beach, Hampton, Norfolk, and Portsmouth.
