Westchester County Hotel Accident Attorneys

Reviewed by Jay S. Hausman, Esq.

Millions of travelers each year spend time in Westchester County and the surrounding New York City area, whether it is for work or fun. That being said, hotels are an important part of the infrastructure of the area, so the people who do come to visit have a safe place to stay. When you do stay at a hotel, you usually try to find one with good reviews that seems safe. Hotel management and staff are responsible for ensuring that the property does not have any hazards that can cause harm to a guest. However, the unfortunate reality is that hotels are often the location of accidents where guests can become seriously injured. If you have been injured in a Westchester County hotel accident, it is important to retain the services of a team of experienced personal injury attorneys who can help you recover the damages you are entitled to. Contact Hausman Law Group today to discuss your case.

Causes and Common Types of Hotel Accidents in Westchester County

Hotels, like all other places of business, have a legal obligation to ensure the premises are safe for guests at all times. As such, management and staff must conduct routine inspections of the premises to ensure that any potential hazards are quickly identified and remedied. In the event that inspections are not conducted or dangerous conditions are left unrepaired, serious accidents can arise as a result. If you are injured in a hotel accident, you may be a victim of negligence.

Sustaining an injury in a hotel due to the negligence of staff will generally mean you are entitled to recover financial compensation for the damages for the damages you’ve suffered as a result. This can include financial, emotional, and physical pain endured as a result.

There is a general assumption that hotels are safe and that staying there will not put you in danger. That being said, all properties are subject to danger in some capacity, even your own home. Hotel properties are often very large and contain a number of different components that require a lot of maintenance. When staff or management fails to keep up with all parts of the hotel, guests can get seriously hurt or even suffer fatal consequences.

Commonly Reported Hotel Accidents

• Elevator accidents caused by poor maintenance or outdated equipment
• Escalator accidents resulting from sudden stops or exposed mechanical parts
• Sidewalk accidents and unsafe buildings or walkways
• Gym equipment accidents due to defective or improperly maintained equipment
• Parking lot/garage accidents from inadequate lighting or unclear traffic marks or signs
• Accidents due to inadequate security resulting in assaults or violent incidents on the premises
• Inadequate lighting increasing the risk of nighttime accidents or criminal activity
• Unsanitary conditions in rooms leading to illness or food poisoning from unsafe food storage and kitchen conditions
• Stairway accidents and falls from broken or missing handrails, uneven steps, or worn carpeting
• Swimming pool accidents from slippery surfaces, broken equipment, or a lack of supervision, such as when no lifeguard is present to ensure your safety
• Spa or sauna burns from improper temperature controls
• Playground injuries due to unsafe equipment

How Do I Prove Negligence in a Hotel Accident Claim?

If you have been injured in a hotel accident, please be aware that a successful lawsuit requires you to fulfill the burden of proof. The burden of proof means that the injured party can prove that the hotel’s negligence resulted in the accident and that if staff were more careful, the accident would not have taken place.

Elements of Negligence in New York Hotel Accident Cases

One of the most important aspects of proving negligence in accordance with New York law is to gather evidence that shows that the hotel owner or staff knew about, or reasonably should have known, about the hazardous conditions and failed to do anything to fix them, ultimately breaching the legal duty of care owed to guests. In many instances, insurance companies may attempt to reduce or deny your claim, so gathering all possible evidence is critical to protecting yourself and your right to compensation.

While it may seem like a daunting task to prove a hotel’s negligence, it can be done with the help of an experienced personal injury attorney. They can assist you in proving the four major elements of negligence

• Duty of care
• Breach of duty
• Causation
• Damages

Evidence to Help Support Your Claim

Following an accident, it is in your best interest to gather as much evidence as possible. Though this can be an overwhelming time, remaining as calm as possible is imperative during these times, as the steps you take can negatively impact the outcome of your claim. As such, if you have been involved in an accident, you should do the following:

• Call 911 to request police and medical assistance at the scene.
• Receive medical care, even if injuries seem minor or you feel okay, as this can help ensure that a link between the accident and your injuries is established.
• Take photos and videos of the hazard before leaving to obtain medical attention or before staff can remedy the condition.
• Request that an incident report be filed and obtain a copy before leaving the scene
• Gather the names and contact information of witnesses who may be able to help corroborate your account of the accident.
• Contact an experienced New York personal injury attorney as soon as possible to discuss your legal options, as they may be able to assist in matters like obtaining surveillance camera footage of the accident.

Furthermore, seek medical treatment immediately after the accident, regardless of how much pain you are in at the time, and ask your doctor for copies of all medical records, notes, and imaging results detailing the extent of your injuries. Keep all receipts of costs for medical care, including medication, equipment, and travel to and from appointments.

What Constitutes Hotel Negligence in New York?

• Failure to ensure routine inspections and safety checks of the premises are conducted
• Failure to respond to guest complaints
• Failure to remedy known hazards
• Failure to adequately train staff on how to handle emergency situations
• Failure to provide adequate warning to guests about hazards that are not immediately fixable
• Failure to implement adequate safety protocols or hire adequate security guards for the premises

Recovering Damages and Common Hotel Injuries

If you were injured in an accident at a hotel, you may be feeling the weight of medical bills and lost wages. A personal injury lawsuit against the hotel can allow you to recover compensation that can offset some of those costs. Not only can you be compensated for the economic damages of the accident, such as medical bills, medication, ongoing expenses for in-home care, and lost wages, but you may also be compensated for the non-economic burdens faced, such as pain and suffering, loss of enjoyment of life, or emotional distress.

Damages that often arise following injuries sustained at hotels in the Lower Hudson Valley region include, but are by no means limited to, the following:

• Broken or fractured bones
• Traumatic brain injuries
• Neck and spinal cord injuries
• Soft tissue damages
• Burns or internal organ damage
• Foodborne illnesses
• Contusions and lacerations

Unfortunately, these injuries can result in long-term, severe issues like chronic pain, reduced mobility, permanent disability, lost quality of life, and a permanently reduced earning capacity.

Who is Liable for a Hudson Valley Hotel Accident?

It’s important to understand that, in general, when you are injured in a hotel due to negligence, the hotel owner is typically liable. This is because they are responsible for ensuring that the property is safe for those lawfully on the property while also ensuring that staff is adequately trained to identify, remedy, and prevent conditions that may result in accidents and subsequent injuries.

However, depending on the circumstances, a hotel manager or third-party vendor may also share liability for the incident.

Strict Time Limits for Filing a Hotel Injury Claim in NY

In New York, injured victims have a strict timeframe in which they must file a claim against the negligent party. This is known as the statute of limitations. Failure to file within this timeframe will result in you being permanently barred from recovering the compensation you deserve.

In New York, the statute of limitations for personal injury claims, including those arising from premises liability accidents, is three years from the date on which the accident occurred.

Contact Our NY Hotel Accident Attorneys

Hausman Law Group understands how traumatic it can be to be seriously injured in an accident at a hotel. Our hotel accident attorneys are ready to take on your case, no matter how complex, in an effort to help you recover the compensation you are entitled to. Our firm effectively represents victims of negligence and neglect across Westchester County and the state of New York. We understand how challenging life can be without financial compensation for the serious injuries you have wrongly sustained. For strong legal representation when it matters most, contact Hausman Law Group today.