A hotel stay should not end with a serious injury. But an accident on hotel property does not automatically mean the hotel must pay a claim. In this video, attorney Norman Gregory Fernandez discusses the conditions and evidence he considers when evaluating California hotel and motel injury cases, including falls in bathrooms.
Look closely at the actual condition
Hotels know that tubs, showers and bathroom floors will encounter water. An investigation may examine whether a surface was unreasonably slippery, whether appropriate slip-resistant features were present, and whether cleaning, refinishing or resurfacing affected the surface.
Water alone does not answer every question. The location, lighting, available supports, surface condition and manner of use may all matter. Preserve what you actually observed rather than assuming that a fall proves a particular defect.
Maintenance and earlier reports may matter
Records concerning cleaning, inspections, repairs and resurfacing can help explain the condition at the time of an incident. Previous complaints or similar incidents may be relevant to what the hotel knew or reasonably should have discovered. An attorney may consider whether expert analysis is appropriate.
Hotel cases also extend beyond bathrooms. Stairs, walkways, lighting, doors, pools and other areas can present different risks and legal issues. The specific hazard and the party responsible for controlling it must be identified.
Document the room and the timeline
Keep the reservation, room number, receipts and incident-report information. Photograph the area from several useful angles if you can do so safely, including the overall setting and any visible condition. Preserve original images and record when the photographs were taken.
Keep names and contact information for witnesses and employees who received the report. Tell your attorney about cameras and any prompt repair or cleaning. Do not recreate the fall, enter restricted areas or put yourself at risk to obtain photographs.
Keep injury records and written communications
Obtain appropriate medical care and accurately describe what happened. Save medical records, bills, work restrictions and documentation of missed work. These records help explain claimed injuries and losses, while responsibility still requires a separate investigation.
Retain emails, messages and the full terms of any refund, credit or proposed release. Do not assume that a hotel’s offer to reimburse a room charge resolves an injury claim or that ongoing discussions extend a filing deadline.
Have a serious hotel injury evaluated
A useful consultation starts with the property’s full name and address, date of injury, room or location, photographs and medical information. The review should distinguish known facts from unanswered questions and consider the evidence needed to establish responsibility. No result can be guaranteed simply because the injury happened at a hotel.
General information, not legal advice. Each matter depends on its facts and applicable law. Viewing this article does not create an attorney-client relationship.
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About Attorney Norman Gregory Fernandez
