Pennsylvania may not be a tourist hotspot – unlike Florida and California – yet you may still have a hard time booking a vacant hotel room in Pittsburgh or elsewhere across the state.
After you have managed to book a hotel room and have successfully checked into a hotel, you are probably thinking to yourself, “Finally! Now I am going to have all the fun!” But instead of fun, you get months or years of medical procedures, expensive treatments, and lengthy rehabilitation. Unfortunately, hotel accidents are not as rare as we want them to be.
A hotel accident can turn your vacation or business trip into a nightmare instantly, which is why we invited our Pittsburgh hotel accident attorney from Shenderovich, Shenderovich & Fishman, P.C., to explain who can be held accountable for your injury in a hotel.
How a Hotel Accident Attorney Can Help You
Sure, the first thing you will do after getting injured in a hotel is speak to the hotel’s manager. And that’s where you will most certainly encounter your first challenge. The manager will either attempt to shift the blame for the accident onto you or give you the phone number of the hotel’s insurance company, which… will attempt to do the same thing.
Hotels are notorious for trying to escape liability in the event of hotel accidents, which is why having an experienced hotel accident lawyer by your side is often the only viable way to prove that you did nothing to cause the accident and establish that the hotel should compensate for your expenses, losses, and damages due to its negligence, carelessness, and failure to ensure that safety measures are in place.
Common Types of Hotel Accident Claims & Injuries
Hotels are full of potential hazards that can lead to injury if not properly addressed. Here are some of the most common types of hotel accidents and the injuries they cause:
- Slip and Fall Accidents: Slippery floors, uneven surfaces, and poorly maintained walkways often cause slip-and-fall accidents. These incidents can result in injuries ranging from fractures to traumatic brain injuries.
- Swimming Pool Accidents: Pools are a major feature in many hotels but can become dangerous if not properly maintained. Common causes of pool accidents include slippery decking, inadequate lighting, or lack of lifeguards.
- Broken Furniture Injuries: Old or poorly maintained furniture can collapse, causing injuries. For example, a broken chair or bed frame can lead to strains, fractures, or even serious back injuries.
- Elevator and Escalator Malfunctions: Defective elevators or escalators can malfunction, causing severe injuries such as crush injuries or falls.
- Food Poisoning: Poor sanitation in hotel kitchens can lead to contaminated food, causing foodborne illnesses.
- Assault Due to Poor Security: Lax security measures, such as inadequate lighting, broken locks, or understaffed hotels, can lead to assaults, thefts, or other criminal activities.
- Bed Bug Infestations: Bed bugs are a pervasive issue in hotels. These infestations can result in severe skin irritation, allergic reactions, and emotional distress.
Each of these incidents highlights a hotel's failure to provide a safe environment, making them liable under Pennsylvania hotel laws.
Hotel’s Duty to Exercise Reasonable Care
Under Pennsylvania’s premises liability law, hotels have a duty to exercise reasonable care to protect their guests. “What does reasonable care mean?” you may wonder. Let us explain. In Pennsylvania, hotels have quite a few duties, including but not limited to:
- Keeping its property in a safe condition and free of any hazards
- Maintaining adequate security to prevent criminal activity
- Maintaining the premises in a way that eliminates the risk of slip and fall accidents
- Maintaining the locks on hotel rooms to prevent theft, assaults, and rape in the hotel
- Ensuing guests’ safety in swimming pools
- Properly inspecting and maintaining the hallways, stairs, elevators, escalators, and other machines and electronics in the hotel
- Maintaining adequate lighting in all common areas at all times
- Properly training hotel employees
- Controlling an insect infestation, such as bed bugs and
- Exercising a high standard of care in the hotel’s restaurant or kitchen to prevent food poisoning
Under Pennsylvania’s vicarious liability law, hotels are liable for the negligence of their employees as long as the negligent act or omission to act occurs in the course of hotel staff’s employment. If your personal injury claim against a hotel succeeds, you may be able to seek compensation for medical bills, loss of income, pain, and suffering, and other damages.
Pennsylvania Hotel Laws and Guest Rights
Hotels in Pennsylvania are subject to strict premises liability laws, which mandate that they take reasonable steps to ensure their property is safe for guests. Here’s what you need to know:
Duty of Care
Under Pennsylvania hotel laws, hotels owe their guests a duty of care. This means the hotel must:
- Ensure walkways, staircases, and other high-traffic areas are free from hazards
- Properly maintain all facilities, including elevators, pools, and furniture
- Provide adequate lighting in common areas
- Prevent criminal activity through security measures like functioning locks and surveillance cameras
Vicarious Liability
Hotels can also be held accountable for the actions of their employees under vicarious liability laws. For example, if you are injured due to an employee’s negligence, the hotel may be liable for your damages.
Comparative Negligence
Pennsylvania hotel laws operate under a comparative negligence system. If you’re partially at fault for the accident, your compensation may be reduced by your percentage of liability. An experienced hotel injury lawyer can fight to minimize your perceived responsibility and maximize your compensation.
Types of Compensation Received from a Hotel Injury
If you've been injured in a hotel accident, you may be eligible for various types of compensation. Here’s what you can recover in a successful hotel personal injury claim:
- Medical Expenses: This includes the cost of emergency care, hospital stays, surgery, physical therapy, and ongoing medical treatments. You can also claim future medical expenses if your injuries require long-term care.
- Lost Wages: If your injury prevents you from working, you can seek compensation for the income you’ve lost. This may also extend to future lost earning potential if your injuries have lasting effects on your ability to work.
- Pain and Suffering: Non-economic damages, such as physical pain and emotional distress, are also compensable. This category can include chronic pain, trauma from the accident, anxiety, depression, or PTSD.
- Loss of Enjoyment of Life: If your injury has significantly impacted your ability to enjoy activities or maintain your quality of life, you may be compensated for this loss as well.
- Property Damage: If any of your personal belongings were damaged during the accident (e.g., clothing or electronics), you might be eligible to recover these costs.
- Punitive Damages: While rare, punitive damages may be awarded in cases of gross negligence or intentional harm by the hotel.
Understanding the full extent of your damages is crucial. A seasoned hotel accident lawyer can review your case to ensure you receive the compensation you deserve.
How to Hold the Hotel Accountable for Your Injury
When filing a personal injury claim against a hotel in Pennsylvania, there are a few elements of your claim that must be established through sufficient and convincing evidence to seek compensation:
- The hotel owed you a duty of care (since you were a guest lawfully on the hotel’s property, you will have no problem with establishing this element of the claim)
- The hotel breached the duty of care by failing to protect you from harm (you will have to prove that the hotel was aware or should have been aware of a hazardous condition that caused your injury and that it failed to fix the condition in a timely manner)
- Your injury was caused by the hotel’s breach of duty or its breach of duty contributed to the hotel accident and
- You suffered damages or losses are a result of your injury
Holding a hotel accountable can be tricky because proving that the hotel was negligent usually means that you will have to seek legal advice from a skilled hotel accident attorney in Pittsburgh.
Take Action Today
If you’ve experienced a hotel accident, don’t wait to seek legal advice. Shenderovich, Shenderovich & Fishman is here to help. Our team of dedicated attorneys understands the nuances of Pennsylvania hotel laws and has a proven track record of holding negligent hotels accountable.
Contact us today for a free consultation. Whether you need a hotel accident lawyer, hotel negligence lawyer, or hotel injury lawyer, we’ll fight tirelessly to secure the justice you deserve. Your path to hotel injury compensation begins with the right legal support—don’t wait to take the first step.
Speak to our Pittsburgh hotel accident lawyers at Shenderovich, Shenderovich & Fishman to discuss your case. Call our offices at (412) 391-7610 to get a free case evaluation.
