Vacation Accidents

How To Sue A Hotel For Negligence

Michael A. Winkleman

Written by
Michael A. Winkleman is one of the nation’s top maritime lawyers. An active trial and appellate attorney, Mr. Winkleman is also a frequent contributing expert on maritime and cruise ship law. He has made more than 100 national television appearances regarding cruise ship law.

A brass service bell on a hotel reception desk, in sharp focus, with hotel staff members slightly blurred in the background.

As a guest at a hotel, you have every right to expect that the hotel will provide a safe environment by providing you with protections like adequate security, safe premises, and a reasonable level of care. Unfortunately, this is not always the level of care that guests receive. If you’ve been injured due to negligence or recklessness on the part of the hotel staff, it may be possible to sue for compensation.

Lipcon, Margulies & Winkleman, P.A. is one of the preeminent law firms in the country for maritime and hospitality law, which includes suing hotels for negligent acts both in the United States and internationally. Our award-winning attorneys are highly experienced in the nuances of hospitality law and can provide you with expert advice on how to proceed should you decide to sue a hotel for negligence.

We are honored to have been named to “Best Law Firms”® by US News & World Report since 2016, with three of our attorneys named to “Best Lawyers”® in America. With over 200 years of combined experience and over $300 million in damages recovered for our clients, victims who are represented by our firm can be confident that their cases are in the hands of experienced professionals.

Steps After an Accident at a Hotel

If you or a loved one has suffered an injury as a guest at a hotel due to negligence, it’s important that you take the proper steps to ensure that your health is prioritized, your legal rights are protected, and you are setting yourself up for the best chance of a successful lawsuit.

Alert Hotel Staff

After an accident, it’s essential that you alert the hotel staff immediately. This will first and foremost ensure that you get cared for following your accident. Make sure to get a written report of the incident from hotel staff, so that you have proof of when it occurred, as well as the specifics of the incident.

Call 911 if You Are in the US

If a crime has occurred, or if you have sustained injuries, it’s important that you call 911 to make sure that the crime scene is secured by a police officer and that you receive medical care from licensed EMTs. Many people feel uncomfortable calling 911 after an accident, and perhaps feel like they are overreacting, but the reality is that the only parties that benefit from not calling emergency services are the liable parties.

Seek Medical Attention

The next step is to seek out medical attention for your injury as soon as possible — whether from the hotel staff, EMTs, or both. This will ensure that you are receiving the proper medical treatment, but it also serves as a key piece of evidence for your potential lawsuit. Make sure to keep copies of all medical records related to your injury, as this will be invaluable in court.

If EMTs believe that you should be transported to a hospital, it is in your best interest to follow their advice. Failure to do so may lead to complications and will be used as evidence in court that your injuries were either not as serious as you claim, that they did not stem from the hotel accident, or that you failed to mitigate your damages by denying recommended medical care. A defense team will use any potential evidence against you in court to avoid liability.

Document Evidence

If possible, try to document any evidence from the incident itself. Photographs or videos will be extremely helpful for your attorney as they work to piece together the details of the accident, and by gathering your own details about the case, you won’t need to rely solely on the hotel’s accident report which, unfortunately, may attempt to revise or omit incriminating details.

The details of your accident may seem vivid and clear in your mind at the time, but your memory will fade and details will become obscured. By gathering concrete and immutable evidence on your own, you will have a body of documentation that you can turn over to your attorneys without second-guessing your own recollections.

Get Eyewitness Contact Information

If anyone witnessed the incident — or the events leading up to or preceding it —, it’s important that you get their contact information and/or statements from them about their observations.

Eyewitness statements can be invaluable in court, as they provide an independent source of evidence that can corroborate your story and account for details that may not exist anywhere else. They may also have additional information that you could not have known, such as seeing a hotel staff member acting recklessly or failing to address a hazardous situation before you were involved.

Contact a Lawyer

Once you’ve gathered all the necessary information and have taken care of your health, contact an experienced lawyer who specializes in hospitality law to help you assess your options for filing a lawsuit.

Our team of award-winning attorneys at Lipcon, Margulies & Winkleman, P.A. has extensive experience with both maritime and hospitality law, and our history of success is a great indication of the level of support you can expect as our valued client.

Next Steps: Filing Your Lawsuit

Once you are partnered with an attorney, they will help you determine whether to pursue a settlement or move directly to filing a lawsuit.

From there, your attorney will work to quantify the potential damages available in your case. They can also advise you on what steps to take next in order to protect your legal rights and maximize the compensation you may be entitled to receive.

Your attorney can help manage all aspects of your case, from filing the lawsuit to ensuring that you are hitting each milestone in your case as you fight to recover the money you are rightfully owed.

No matter your circumstances, it is important to remember that you are not alone — our team is here for you every step of the way.

Contact Us Today

If you have been injured due to negligence or recklessness on the part of a hotel, contact Lipcon, Margulies & Winkleman, P.A. today for a free consultation, and let us review your case and advise you on how we can help. We will fight for your rights and ensure that you receive the compensation that you deserve.

Our firm has been named to “Best Law Firms”® by US News & World Report since 2016, and three of our attorneys have been named “Best Lawyers”® in America. Our firm is home to a team of leading litigation lawyers with deep knowledge of the complexities of maritime law, hospitality law, as well as the Jones Act and FELA, and we’re here to put our expertise to work for you.

If you or a loved one has been hurt as a hotel guest due to negligence on behalf of the facility or company, contact us right away or call 877-233-1238 to speak with an experienced attorney for a free and confidential consultation.

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