Staying at a hotel in Maryland can be a fun experience but can also present dangers not common in our own homes. If you have been injured while staying in a hotel, you might be able to file a lawsuit against the hotel chain to recover compensation.
Hotels are like any other property owner in that they have a duty to ensure the safety of their guests. If a property owner fails to make the premises safe or does not conduct regular inspections, guests can be injured as a result. There are numerous hazards inherent to hotels that property owners and managers must be aware of. Fortunately, you are entitled to various forms of compensation if you were injured on account of a hotel’s negligence.
Contact Rice, Murtha & Psoras today at (410) 694-7291 to receive your free case evaluation with our Baltimore hotel injury lawyers.
Can a Hotel Be Held Liable for Injuries Sustained in Maryland?
When guests check into a hotel, they are considered “invitees,” and the property owner is responsible for ensuring their safety. In the event of any injuries sustained by guests, the hotel may be held liable. Premises liability cases operate on the principle that property owners have a responsibility to ensure the safety of their guests. When a guest is invited onto or allowed onto the property, the owner is legally required to take measures to ensure that the property is safe. If there are hazards that cannot be removed, the owner must make sure to inform the guest about these dangers.
If you plan on suing a hotel for premises liability, you need to demonstrate that the hotel acted negligently. Gathering adequate evidence can be difficult, but our team of Maryland lawyers specializing in hotel injury cases has the expertise to help you through the process. There are various situations that may result in a guest getting injured while staying in a hotel. Structural issues in the hotel can make walking around hazardous, leading to accidents. Even minor incidents, such as slippery floors, can cause significant harm. Furthermore, guests may get hurt due to inadequate security resulting in other individuals entering the hotel negligently.
Proving a Maryland Hotel Is Liable for Your Injuries
In legal cases involving premises liability, the basis is typically on theories of negligence. Legally, negligence involves four specific elements as a standard. However, proving negligence can be challenging as all four elements must be proven.
To begin, it is necessary to establish that the hotel had a legal obligation to provide you with a duty of care. This obligation cannot be considered a mere courtesy but rather a legal requirement. Second, it must be demonstrated that the hotel failed to fulfill its legal duty of care. This failure may have been due to an action that resulted in your accident or a failure to prevent the accident from happening. Third, it is necessary to prove that the breach was the direct or proximate cause of your accident. If your accident was caused by something unrelated to the hotel’s breach, our efforts will not be successful. Finally, it is important to establish that your damages are genuine and real, usually in financial terms.
Common Ways Guests Are Injured at Hotels in Maryland
It is common for hotels to be large businesses, even small to midsized ones. These hotels might accommodate dozens of guests at any given time, while larger hotels can hold hundreds. As a result, hotels must take measures to prevent hazards and injuries to ensure the safety of their guests.
Premises liability issues are often the focus of lawsuits against hotels. Slip and fall accidents can happen in various locations within the hotel, such as hallways, dining rooms, and lobbies, resulting in injuries. Unsafe stairwells or elevators can also lead to accidents. If your injuries were caused by hazardous conditions that the hotel failed to address, they should be held accountable for the harm caused.
Falling on Stairs
Staircases can pose significant hazards, especially if they are poorly lit, lack handrails, or are not maintained properly. Falls on stairs can result in severe injuries, including fractures, sprains, and head injuries.
Slipping on Wet Floors
Hotels have numerous areas where floors can become wet and slippery, including lobbies, bathrooms, and pool areas. Slip and fall accidents can cause injuries ranging from minor bruises to serious bone fractures or concussions.
Fire Code Violations
Hotels are required to adhere to strict fire safety regulations. Violations, such as blocked fire exits, faulty fire alarms, or inadequate fire extinguishers, can lead to dangerous situations and potentially devastating injuries.
It is unfortunate that hotel guests may suffer injuries due to emergencies that the hotel failed to prevent or prepare for. For instance, if a fire erupts in a hotel and some guests’ fire alarms do not go off because of the hotel’s negligence in inspecting them, the hotel should be responsible for any harm caused to those guests.
Unsanitary Conditions
Hotels must maintain hygienic conditions to ensure guest health. Unclean conditions can lead to illnesses, allergies, or infections. In severe cases, guests may contract food poisoning or Legionnaires’ disease.
A lot of hotels offer bars and restaurants for their guests and other visitors. However, unhygienic food or unclean environments can lead to serious cases of food poisoning. In severe cases, food poisoning can even require hospitalization. Additionally, hotels may have other unsanitary conditions such as bed bugs, rooms that are not thoroughly cleaned after every guest, and a general lack of cleanliness throughout the establishment.
Structural Defects
Defects in the hotel’s structure, such as unstable balconies, broken tiles, or loose carpeting, can create significant hazards. These defects can lead to tripping accidents, falls, or even building collapses.
Negligent Hotel Security
It is also crucial for Maryland hotels to ensure the safety and security of their guests. Any lapses in this regard can result in theft, assault, or other criminal activities within the hotel premises, for which the hotel can be held liable.
Swimming Pool or Hot Tub Accidents
Hotels often offer swimming pools and hot tubs as desirable amenities. Many children delight in swimming while their parents unwind. However, if there is no lifeguard present, it is important to be aware of the potential danger of serious drowning accidents. Additionally, guests could be harmed if the pool water is unclean or if the chlorine levels are imbalanced.
Without proper maintenance and safety measures, hotel pools and hot tubs can be accident-prone areas. Drowning, slip and falls on wet surfaces, and burns from excessively hot water are common incidents.
Defective Gym Equipment
Many hotels offer fitness facilities, but defective gym equipment can pose serious risks. Guests can suffer from various injuries, including strains, sprains, fractures, or even more severe injuries like spinal cord damage.
What to Do After Sustaining Injuries in a Hotel Accident in Maryland
If you have sustained severe injuries during your stay at a hotel in Maryland, we encourage you to pursue a personal injury claim to seek compensation for your losses. It is crucial to take the necessary steps to strengthen your case before filing the claim. Here are some guidelines that can assist you in proving your case.
Inform the Hotel and Get Medical Care
If you happen to get injured while staying at a hotel, it is crucial to seek medical attention immediately. While receiving medical care, it is important to inform the medical staff about the details of how the accident occurred. For instance, if you sustained a bone fracture due to a slip and fall accident in the hotel pool, make sure to relay this information to the medical staff. This will help in documenting your injuries and calculating damages accurately. Also, it is advisable to inform the front desk about the accident. If the front desk can provide you with a report of the incident or surveillance footage, this can serve as evidence to support your claim.
Document Your Accident
It is advisable to document your injuries thoroughly. Along with obtaining a medical report, you can capture pictures of the injuries you have sustained. It is also important to record how the injuries have impacted your daily life. For instance, if you have suffered a brain injury as a result of a slip and fall accident and are unable to work, this documentation can serve as valuable evidence for your prospective case.
It is important to document the scene of the accident. For instance, if you got injured by tripping over a pothole in the hotel parking lot, make sure to take pictures of the area. In case there were any witnesses present during the accident, it would be helpful to request a statement from them. Do not forget to inquire about their names and contact details if they are willing to provide you with a statement.
Contact Our Firm
Once you have received medical attention and documented the accident, it is essential to seek legal counsel from an experienced Towson personal injury attorney who can assist you in filing a personal injury lawsuit. A hotel guest may sustain severe injuries in various ways, and we are here to support you in obtaining the compensation you require for your particular case. Without the help of experienced legal counsel, it can be very difficult going up against a large hotel business and its insurance company.
Evidence Used to Prove Your Injuries in a Lawsuit Against a Maryland Hotel
When it comes to proving liability in a hotel accident, gathering ample supporting evidence is paramount. Evidence can encompass a wide range of factors and should be carefully collected to strengthen the case against the hotel.
Be sure to capture photos and videos of the accident scene right after it occurs. For instance, if you sustain injuries due to a fire in your hotel room, it would be helpful to take pictures of the room after the flames have been put out.
It would be helpful to obtain security camera footage of the accident if available. Many hotels have security cameras installed throughout the building, which could have captured the incident. It is important to act promptly in securing this type of evidence, as the hotel is the custodian of such footage.
In order to support your injury claims, we will also need to submit your medical records as evidence. Your medical records can help determine the extent and severity of your injuries, as well as establish the cost of your medical expenses when we negotiate a potential settlement.
Compensation You Could Recover in a Lawsuit for Injuries Sustained at a Hotel in Maryland
If you have experienced a hotel accident in Maryland, you may be dealing with significant financial and emotional hardships as a result of your injuries. Depending on the extent of the accident and any lasting effects of your injuries, you may be eligible for various forms of compensation. Those who have been injured can typically receive damages for both quantifiable expenses like medical bills, as well as less tangible losses like emotional distress and physical pain.
Medical Costs
In the unfortunate event of sustaining injuries from a hotel accident, the responsible party is obligated to bear all medical costs related to the accident and any future medical attention required. This includes expenses incurred from consultations with doctors, physical therapists, chiropractors, and other medical practitioners. It is also possible to seek reimbursement for expenses made on medications, hospital stays, and surgical procedures. In cases of permanent disabilities resulting from the accident, compensation for ongoing medical expenses may also be necessary.
Lost Wages
If you are injured in a hotel accident and unable to return to work or pursue your previous career, you will be eligible for compensation to cover lost wages and potential future earnings. If the injury is so severe that it renders you permanently unable to work, you may also be able to claim damages for long-term disability benefits, which will depend on the length of time you are unable to work due to the accident.
Property Damage
In case your personal belongings are damaged at a hotel due to somebody else’s negligence, you have the right to claim expenses for the incurred property damage. This includes any harm caused to your vehicle or any other belongings like clothes, technology, or baggage. You can provide bills, receipts, and repair estimates as evidence of the damages.
Pain and Suffering
When taking legal action following a hotel accident, individuals often seek pain and suffering damages to account for the emotional trauma caused by the incident. These damages also referred to as “non-economic” damages, aim to compensate victims for both the physical pain and emotional impact of their injuries. Loss of consortium and loss of enjoyment may also be included in a claim for damages.
Calculating damages for paralysis injuries can be a challenging task, and the amount of compensation can be substantial. However, it is important to note that Maryland has a limit on the amount of pain and suffering damages that victims can recover for their injuries. In typical personal injury claims in Maryland, there is a cap on the non-economic damages that victims can receive. Under Md. Code, Crts. Jud. Proc. Art., § 11-108(b), the current limit on compensation for pain and suffering, inconvenience, physical impairment, disfigurement, loss of consortium, or other nonpecuniary injuries is $920,000.
Every year, on October 1st, the cap for non-economic damages in Maryland increases by $15,000 to adjust for inflation and other factors. This adjustment results in an annual change in the limit for personal injury victims seeking such damages.
Our Maryland Hotel Injury Lawyers Can Help
For a free case review with our Maryland personal injury attorneys, call Rice, Murtha & Psoras at (410) 694-7291.