Hotels have a legal obligation to keep the property safe for guests at all times. This can be done by conducting routine sweeps to ensure that everything is in order and fixing any potential hazards right away. If these sweeps are not practiced or the hazards are not fixed in a timely manner, serious accidents can occur. If you are injured in a hotel accident, you may be the victim of negligence. As a result, you may be entitled to recover compensation for the physical, mental, and financial burdens you experience as a result of your injury. Read on to learn more about hotel accidents in New York and what to do if an accident occurs.
Common Types of Hotel Accidents
When you stay at a hotel, you trust that management and staff will do everything they can to ensure you have an enjoyable and safe time away. However, certain hotels have several features and activities available, such as swimming pools and gyms. The bigger the hotel, the more upkeep it requires. If hotel staff fail to keep their facilities in tip-top shape, accidents may happen. Here are some of the most common types of accidents that occur:
Structural and Facility-Related Accidents
- Elevator malfunctions caused by poor maintenance or outdated equipment
- Escalator injuries resulting from sudden stops or exposed mechanical parts
- Stairway falls from broken or missing handrails, uneven steps, or worn carpeting
- Parking garage accidents from inadequate lighting or unclear traffic marks or signs
Amenity-Related Accidents
- Swimming pool accidents from slippery surfaces, broken equipment, or lack of supervision
- Gym equipment accidents due to defective or improperly maintained equipment
- Spa or sauna burns from improper temperature controls
- Playground injuries due to unsafe equipment
Health, Sanitation, and Security Hazards
- Food poisoning from unsanitary or unsafe food storage and kitchen conditions
- Unsanitary rooms leading to illness
- Inadequate hotel security resulting in assaults or violent incidents
- Poor exterior lighting increasing the risk of nighttime accidents or criminal activity
What Do I Do if a Westchester County Hotel Accident Occurs?
Taking the appropriate steps following a hotel accident or injury is critical to fighting for the best possible outcome. Failure to proceed carefully can put both your health and your future injury claim at risk. Your priorities following an injury at a hotel in or around White Plains should be treatment for injuries, preservation of evidence, and careful documentation of the scene.
Immediate Steps Following a Hotel Accident
- Call 911 or request on-site medical assistance for injuries
- Report the incident to hotel management and request a copy of the incident report
- Take photos and videos of the hazard before it is remedied
- Gather contact information of witnesses
Medical and Documentation Steps
- Seek prompt medical treatment, even if injuries are seemingly minor or you feel okay
- Request copies of all medical records, notes, and imaging results
- Keeps all receipts of costs for medical care, including medication, equipment, and travel to and from appointments
How Negligence Is Proven in New York Hotel Accident Cases
It’s important to understand that not every accident in a hotel in Westchester County or the surrounding area will constitute negligence. In order for a claim to be successful, the injured party must be able to show that the hotel failed to meet its legal duty of care.
Under New York law, you must be able to prove that the four elements of negligence were present:
- The hotel owed you a duty of care
- The hotel breached that duty
- You suffered an injury as a direct result of the breach
- You suffered damages as a direct result of your injuries
What Counts as Hotel Negligence
- Failure to conduct routine safety checks
- Ignoring hazards or guest complaints
- Inadequate staff training
- Failure to warn guests about known hazards that are not immediately fixable
- Insufficient security measures
Evidence Commonly Used to Prove Negligence
- Surveillance footage
- Maintenance and inspection records
- Incident reports
- Witness statements
- Medical records
Injuries Commonly Seen in Hotel Accident Claims in the Hudson Valley
Unfortunately, due to the number of potential hazards a guest may encounter while staying at a hotel in Westchester County, there are a number of potential injuries you may face. These can range from mild to life-altering, especially when unsafe equipment or machinery is involved.
Physical Injuries
- Broken or fractured bones
- Traumatic brain injuries
- Neck and spinal cord injuries
- Soft tissue damages
- Burns
- Internal organ damage
Long-Term Effects
- Chronic pain
- Mobility issues
- Permanent disability
- Emotional distress
- Reduced quality of life
- Lost earning capacity
Who Can Face Liability in a Hotel Accident?
Understanding the liable parties is a key element in a New York hotel accident claim. In general, you’ll find that the hotel owners will ultimately face liability. This is because they have the responsibility to ensure that their property is safe for guests while also ensuring that staff is properly trained to identify, remedy, and prevent hazards that can result in injuries.
However, other parties, like the hotel manager or contracted vendors, may also face liability depending on the circumstances of the accident.
Time Limits for Filing a New York Hotel Accident Claim
Like all states, New York has strict laws regarding how long you have to file a claim against another party following an accident in a hotel. Unfortunately, failure to file within this time frame, known as the statute of limitations, can result in being barred from recovering compensation, regardless of the strength of your claim.
Key New York Deadlines
- You must file a personal injury claim within three years of the date of the accident
- Claims involving government-owned hotels typically have a shorter notice period
- Prompt evidence collection is key as it becomes more difficult the longer you wait
Contact Our Experienced Westchester County Firm
Hausman & Pendzick effectively represent victims of negligence in Westchester County and across the state of New York. We understand how challenging life can be without financial compensation for the serious injuries you have wrongly sustained. If you need a knowledgeable and skilled personal injury attorney to help you recover compensation after an accident, contact Hausman & Pendzick today.