When you choose to visit Hawaii for your vacation, you are likely to spend some of that time in your hotel. Most people do not even think about their vacation being disrupted by an accident or serious injury. Unfortunately, mishaps do occur quite frequently in resorts and hotels. If an accident does occur on the property of a resort or a hotel, it needs to be determined whether the resort or hotel is responsible for the accident.
If an injury or accident is caused due to negligence on the part of the resort or hotel, then they can legally be held responsible for the mishap. Sometimes determining what caused the incident and which laws apply can be complex. For this reason, contacting a personal injury attorney as soon as possible is recommended.
Typical Kinds of Resort and Hotel Accidents
- Slip, trip and fall accidents that are caused by the negligence of the hotel. For example, if an employee mops the floor he is required to put out a sign to warn guests that the floor is wet. If he neglects to put this sign out and an individual falls, the establishment may be liable.
- Bug infestations (bed bugs)
- Assault from a hotel/resort staff member because of negligent hiring techniques
- Criminal assaults can occur due to insufficient lighting or the absence of security guards
- Injuries due to recreational equipment provided by the hotel/resort that have not been properly maintained
- Accidents, including drownings that occur at the hotel or resort’s pool or hot tub due to a lack of lifeguards or inadequately trained lifeguards
- Accidents in the stairwell or on a staircase
- Food poisoning or another kind of food borne illness
- Escalator or elevator accidents
- Sexual assaults
- Robberies
Hotels and resorts are required to properly maintain their property to keep it reasonably safe. Hotel and resort employees should be required to pass a background check. The resorts and hotels are in the best positions to know the possible hazards that are located on their property because guests are only there temporarily.
All dangerous conditions should be repaired quickly or warnings should be posted to protect guests from becoming injured. The majority, if not all, of the injuries and accidents that occur at these establishments can be prevented. All it takes is proper inspection and maintenance of the properties.
Resorts and Hotels General Duties and Responsibilities to Guests
Hotels and resorts must:
- Reasonably protect their guests from harm at the hands of others
- Exercise reasonable care for the security and safety of their guests
- Ensure the premises are reasonably safe for guests
- Make hidden dangers and hazards known to guests
- Avoid overbooking the hotel to ensure that guests with confirmed reservations are given their rooms
Kinds of Negligent Security at Resorts and Hotels
Unless fault is established, hotels and resorts are not accountable for assaults. However, all hotels and resorts should take a reasonable degree of security measures to ensure the safety of their guests.
These security measures should include:
- Security guards
- Cameras for video surveillance
- Sufficient lighting
- Locks
- Fences
They should also incorporate any other security measures that could deter attacks. There are times when hotels and resorts neglect maintaining their security measures and then their guests become injured. If you were injured at a resort or hotel in Hawaii and the following circumstances were present, you should consider filing a claim for negligent security.
The hotel or resort:
- Did not respond to your requests for assistance
- Failed to monitor its security
- Has insufficient lighting in its garages and/or parking lots
- Has inadequate fencing
- Has improperly trained or insufficient personnel
- Lacks warning signs to inform you of potential hazards
- Negligently hired staff that stole from or assaulted you
When it comes to negligence, hotels and resorts routinely deny fault. The burden of proof lies with the victim (plaintiff). As the plaintiff, you are required to prove to the court that the negligence of the hotel or resort is the main reason you received your injuries. This is why you need an experienced personal injury attorney. Let us help you and increase your chance of getting the compensation you deserve.