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Orlando Hotel Injury Attorney Explains Duty Owed to Guests

There are an estimated 423,000 hotel rooms in Florida, spread across nearly 4,520 properties, according to the Florida Department of Business and Professional Regulations. As an experienced Orlando hotel injury attorney can explain, owners of hotels and resorts aren’t required to guarantee their guests will never be hurt on site. They do however owe a duty of care to provide guests with a property that is safe, clean and free of conditions that are foreseeably dangerous. When they fail to provide this, it’s considered a duty of care breach, and companies can be liable for injuries that result.

Florida hotel injury cases fall into a category of tort claims known as premises liability. Because guests of a hotel or resort are presumably there for the benefit of the property owner, they are deemed “business invitees” under Florida law and, as such, are owed the highest legal duty of care by the business. That means not only to property owners (and managers) have a responsibility to warn of or correct known dangers on site, they must also routinely inspect the property for any dangerous conditions that may otherwise be unknown.

Premises owners and occupiers have a duty to warn of or correct known dangerous condition on the premises – and to regularly inspect the premises for any unknown dangerous conditions. For example, an Orlando hotel injury attorney might file an injury claim on your behalf if the hotel or resort owner failed to promptly discover and/ or clean a spill from the floor in the lobby or a broken stairway railing. If we can help prove it was this breach of care that caused your injuries, you have a strong case for damages. These can include all related medical bills and expenses, lost wages/ time off work, out-of-pocket expenses, loss of earning capacity, inconvenience, physical pain and suffering, mental anguish, loss of spousal support, etc. 

Orlando Hotel Injury Lawyer Files Claim for Client Slip-and-Fall

Recently, an Orlando hotel injury lawyer filed a claim in Orange County Circuit Court against a hotel chain for its alleged failure to use reasonable care to maintain its property in safe condition, resulting in a slip-and-fall injury.

According to the Florida Record, the hotel guest allegedly suffered head injuries when he slipped on wet floor in the hotel’s laundry facility, smacking his head as a result of the fall. Plaintiff alleges in addition to the physical injury, pain and suffering, he has suffered mental anguish, mental and/ or psychological disorders and loss of life enjoyment. He’s also seeking recovery of damages for medical expenses and lost earnings.

The hotel was responsible to regularly inspect the premises – extending to all attractions, transportation, walkways and facilities on site. Plaintiff asserts the hotel failed to conduct a safe environment for guests, didn’t maintain a safe walkway, failed to inspect that walkway and lastly didn’t warn those guests of the dangerous condition.

Premises liability claims in Florida are generally not simple or easy and do require the involvement of an experienced, knowledgeable and well-resourced Orlando hotel injury attorney.

Common Hazards at Florida Hotels and Resorts

There are all sorts of dangers lurking in Florida hotels and resorts. It’s imperative for guests to be watchful and aware of these dangers – because they too have a responsibility to avoid dangers that are open and obvious.

Some of the potential resort and hotel dangers identified by any working for our firm as an Orlando hotel injury lawyer:

  • The grounds. Hotels and resorts may be prone to slippery floors and walkways, especially when rain or pool water might be tracked in. At minimum, these facilities need to post adequate warning signs so guests know to beware.
  • The transportation. Shuttles, vans, bus services – many hotels in Orlando offer these for guests to and from the airports, parks and other sites. Problems can arise if the vehicles aren’t properly inspected and maintained or if the drivers aren’t properly vetted. Even when drivers are independent contractors, hotels and resorts can still be liable.
  • Attractions. Amusement rides or other attractions on site at the hotel or resort need to be regularly inspected and maintained and only operated by well-trained personnel. Failure to do so can result in injury and expose the hotel to liability.

These types of Florida hotel injury lawsuits can be difficult to prove because it is very common for insurers to dispute liability or deny it altogether. It’s common for the defense in these cases to claim the hotel didn’t know about the dangerous condition or wasn’t notified of it. Often, defense will claim the person who was injured actually caused or contributed to it and as such, they are entitled to little if any damage recovery. That’s why you need an experienced injury attorney to help establish your claim.

Call Freeman Injury Law — 1-800-561-7777 for a free appointment to discuss your rights. Now serving Orlando, West Palm Beach, Port St. Lucie and Fort Lauderdale.

Additional Resources:

Guest alleges Comfort Suite’s negligence caused his head injuries, Sept. 27, 2018, By Jenie Mallari-TorresFlorida Record

More Blog Entries:

Jury Awards $2 Million in Florida Personal Injury Lawsuit for UIM Coverage, Nov. 13, 2018, Orlando Hotel Injury Attorney Blog

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