Hotels in New Jersey have a certain level of responsibility for their guests’ safety. While not all hotel injuries can be prevented, hazardous hotel conditions that may lead to injuries that could have been prevented. If hotel staff fails to keep their premises reasonably safe, the hotel could be liable for some accidents.
What is premises liability?
This concept consists of the idea that the owner of a property has a duty to keep his or her property safe in order to prevent foreseeable injuries. In a hotel, for example, walkways should be well lit and free of clutter, and hotel bars shouldn’t overserve drunk patrons.
A hotel owes a certain duty of care to its guests. In other words, hotel staff must do things like promptly addressing a spill on a tile floor to prevent guests from slipping. When known hazards are ignored at a hotel, the hotel could be guilty of negligence.
What is negligence?
When a hotel breaches its duty of care, and a guest is injured, the hotel could be guilty of negligence. However, every hazard that results in a hotel accident is not necessarily because of negligence. Hotel staff would have to have known about the hazard first and then choose not to take care of it in order to be considered negligent.
If a hotel guest can prove that hotel staff knew about a hazard and didn’t address it, the guest may have a case for a premises liability claim. To win his or her case, the guest would also have to prove that the hazard caused an accident and resulted in some type of harm. The harm could be physical, emotional or financial.
Proving your case
You may be able to sue the hotel where you were injured if you can prove that hotel staff acted negligently. In some cases, injured hotel guests use evidence from security camera footage to prove their cases. You may also be able to get testimony about hotel conditions from staff members or other hotel guests.