Hotel and Resort Injuries

Hotels and resorts are designed to create a wonderful experience for travelers, and safety should be part of that experience. Unfortunately, many hotels and resorts are the site of serious injuries and even fatalities. In some cases, these tragedies happen because the property owner or management company failed to correct dangers they should have known about. When that happens, New York law allows injured guests to pursue a premises liability claim.

At The Law Office of Mark A. Siesel, we represent people harmed by unsafe hotel and resort conditions. With almost 40 years of experience handling personal injury claims, including motor vehicle accidents, traumatic brain injuries, premises liability cases, and serious injuries involving buses, trucks, motorcycles, and other incidents, Mark A. Siesel brings a practical, detail-driven approach to every case. Clients also appreciate the firm’s personal attention and accessibility. Our firm consistently responds to phone calls and emails within 24 business hours, and often the same day, so whether you were injured in a hotel shuttle bus accident, have sustained a pool injury, or have suffered another injury as a guest, you don’t have to wait for someone to reply to your concerns.

If you suffered an injury at a hotel or resort, we are happy to provide a free consultation. You can book your consultation online or by calling (914) 428-7386.

What Makes Hotels and Resorts Dangerous?

Unlike private homes, these properties see large numbers of visitors, and some of these visitors may commit crimes or cause property damage or other issues that make the property unsafe. For example, a guest may prop open an entrance to a pool area, allowing children to wander unsupervised into that space. It is up to the owners of the property and property management to manage guests to keep everyone safe.

Another issue is that hotels and resorts cover large areas, with many rooms and facilities typically available. Owners need to make sure that all areas are inspected and maintained and that any safety concerns are handled promptly. When they fail to do so, serious accidents can occur, including:

Slip-and-fall hazards: Wet lobby floors, spilled liquids in restaurants, poorly maintained pool decks, inadequate warning signs, and other dangers can cause sudden falls. These can lead to fractures and can be life-threatening if they result in a head injury.

Falls on stairways and walkways: Missing handrails, uneven steps, loose carpeting, or poor lighting can leave guests at risk of severe injuries, including traumatic brain injuries.

Injuries involving elevators and escalators: Malfunctions can cause crushing injuries or falls that lead to neck, back, or shoulder injuries.

Crime: Since hotels and resorts are public spaces, assaults, theft, and other violence can happen. In these cases, hotel owners and managers can be held liable if they have failed to use security professionals or other methods to maintain reasonable safety for visitors.

Drownings and near-drownings: Untrained lifeguards, defective drain covers, poorly supervised pool and spa areas, and other issues can lead to tragedy.

Room injuries: Collapsing chairs and other defective furniture can cause scrapes, falls, broken bones, and other dangers.

Burns: Hotels must follow fire codes. Exposed wiring, missing smoke detectors, blocked fire exits, and defective coffee makers or other appliances can lead to scalds, electrical shocks, or serious burn injuries.

How Premises Liability Works in New York

Premises liability law requires property owners and managers to keep their buildings and grounds reasonably safe. This includes:

• Routine inspections.
• Timely repairs.
• Adequate staffing.
• Correct vetting and supervision of staff.
• Warning guests about hazards.
• Training employees to respond appropriately.

If a hazard is present, and the hotel knew or should have known about it, the property may be liable for the injuries that follow. Liability laws apply to national hotel chains, smaller boutique hotels, large conference resorts, and privately owned short-term rentals. Any time you are staying in any accommodation, the owner or manager should take reasonable steps to keep you safe. In fact, even if you are visiting a spa, resort, or any tourist space for a meal, spa treatment, or for any other reason, you have the expectation of safety. If you are injured due to negligence, you may have a claim.

The key question in every case is whether the hotel acted reasonably under the circumstances. For example, one area that most visitors don’t consider as dangerous is the bathroom. Bathrooms in resorts and other accommodations can become slippery and are a frequent site of slip and fall accidents and head injuries. In these cases, our law firm often looks at the coefficient of friction (COF), which is a number that describes how slippery the contact is between two surfaces (for example, your foot and the shower floor of your hotel room. A higher coefficient of friction means more traction while a lower number indicates a surface is more slippery and poses a greater risk of falls.

In personal injury claims involving stays in hotels and other tourist accommodations, our law firm works with professional engineers, who help us calculate the COF to determine whether a hotel or other property met buildings codes, ADA guidelines, and other regulations. If they did not, or if the COF is especially low, it can be an indication of negligence which could help strengthen a case.

At The Law Office of Mark A. Siesel, we investigate thoroughly to find any evidence of negligence. We may examine:

• Incident reports.
• Inspection logs.
• Surveillance footage.
• Employee statements.
• Prior complaints.
• Maintenance records.

Hotels sometimes deny wrongdoing or attempt to blame the guest. We push back with evidence, and we also work with an expert network of investigators, engineers, expert witnesses, medical professionals, and other experts who help us build strong cases.

Should You Pursue a Hotel Injury Case?

If you’re injured on vacation, the issue isn’t just that your trip is ruined. Serious injuries, such as head injuries and broken bones, can affect your ability to work and earn a living. The costs of medical care, personal care, and all the other costs of your injury can add up. While you may just want to move on with your life and may be hesitant to file a claim, a claim may allow you to seek compensation for a range of damages, including:

1. Pain and suffering: This includes physical pain, emotional distress, trauma, reduced quality of life, or long-term effects from TBIs or other injuries.

2. Past and future medical expenses: These may involve hospital visits, physical therapy, surgery, medication, in-home care, or ongoing treatments.

3. Past and future earnings and loss of earning capacity: Some injuries interfere with your ability to work or limit the type of work you can perform over the long term.

4. Other losses: This may include property damage, incidental expenses, travel for medical care, or car rental costs if your car was damaged on hotel property.

If you choose not to pursue a claim, many of these costs will come out of pocket, and the expenses over time can be devastating. At The Law Office of Mark A. Siesel, we have seen clients suffer financially far too often because they hesitated in contacting an attorney. If you have been injured on the property of a hotel, resort, or any tourist accommodation, we are happy to offer a free consultation so you can at least explore your options before you decide what to do next.

We also work to remove the burden from your shoulders. If we work together, we will take care of many of the details for you, so you don’t have to worry about your claim taking over your life. We free your time so you can focus on healing.

Criminal Acts and Civil Claims

Some hotel injuries involve criminal acts, such as assaults committed by an employee or another guest. If you have had property stolen or you have been injured in a violent attack, you can contact the hotel or resort or you can contact the police. A criminal investigation may be launched and the perpetrator may be charged.

Whether this happens or not, you may be able to file a civil claim if you are injured or have property stolen at a hotel. You may have a claim even if the perpetrator is never caught.

If you have been the victim of a criminal attack in a hotel or any tourist accommodation, you may sustain injuries and trauma that are expensive to treat. A criminal case will not allow you to seek compensation for your expenses, but a civil claim can. This is why some victims choose to file a legal claim, regardless of what police determine about the criminal case.

We explain how these processes interact so clients know what to expect. If evidence from a criminal investigation is helpful to your civil matter, we take steps to obtain the appropriate documents.

Why Experience Matters in Premises Liability Claims

Hotels and resorts often have teams of corporate attorneys and risk-management staff ready to deny claims quickly. They may argue you were careless, the hazard was “open and obvious,” or the property complied with all safety requirements.

With almost 40 years of experience, Mark A. Siesel understands how insurers and corporate defendants attempt to minimize or deny claims. He also understands how stressful these cases can be. Many clients are surprised and relieved that their attorney is not only responsive but willing to answer their questions directly. This level of personal attention is one reason why many of our former clients stay in touch long after their cases conclude.

Hotels and Resorts Must Take Safety Seriously

Hotel guests have a right to expect:

• Clean, well-maintained rooms.
• Safe stairways, elevators, and common areas.
• Functional locks and reasonable security.
• Well-trained staff.
• Prompt response to hazards or complaints.

When a business invites the public onto its property, it must protect those guests from foreseeable dangers. When it fails to uphold this responsibility, The Law Office of Mark A. Siesel is prepared to hold the property accountable.

If you or a loved one was injured at a hotel or resort, we provide a free consultation. We will review the circumstances, answer your questions, and explain the steps involved in a premises liability claim. Schedule your free consultation today.