If you were injured because of a hotel’s inadequate security, you may file a lawsuit under certain circumstances. Just like other accidents that occur on a hotel property – like hotel pool or spa accidents – you’ll need to prove the hotel failed to exercise reasonable care. A lack of security isn’t necessarily the issue; the key is determining if the hotel acted in a negligent manner.
When Injuries at a Hotel Stem From a Lack of Security
One of the factors that helps to determine a hotel’s negligence is if the cause of injury was foreseeable. For example, if another patron consumes too much alcohol and becomes violent toward a guest, it would be difficult for the hotel to foresee this happening. But if someone broke into a guest’s room because a nearby entry into the hotel had a malfunctioning lock, the hotel may be liable.
Another factor considered is the type of security that was lacking. What is a reasonable expectation that a guest would have in this regard? It might not be reasonable to expect security guards in the hotel’s parking lot. But then again, if it’s an area known for crime, it could become a relevant issue.
There are some forms of security that guests would reasonably expect. As mentioned, entrances into the hotel should have working locks. The same is true with guest rooms. Another example is when the room has a sliding glass door. There should be a blocking device such as a security bar.
Another expectation might be that the hotel has security cameras and adequate lighting in the hallways and parking lot. Whatever the circumstances, if there is a lack of security that results in serious injury, the hotel may bear responsibility.
How to Prove a Hotel’s Negligence Warrants a Premises Liability Claim
Injuries that occur on someone else’s property in Aurora may lead the injured party to file a premises liability claim. But these types of cases are oftentimes complicated and difficult to prove. You will need to establish the hotel’s negligence, based on three elements.
The first element is that the hotel owed a duty of care. This means the hotel has an obligation to exercise reasonable care for guests. Under premises liability law, an invitee (a hotel guest) is someone who has come upon the property because of an invitation to conduct business. In other words, the hotel owes a higher degree of care to an invitee than they would to a trespasser.
The second element is that the hotel breached the duty of care owed. It could include not providing adequate security, as explained in the previous examples.
The final element is that the breach caused the guest to suffer injury. The act of negligence must be directly connected to the physical harm sustained. The guest must also have suffered damages like medical bills, lost wages, pain and suffering and more.
An attorney can investigate a client’s case to determine if it’s valid and worth pursuing. Seek legal counsel from an attorney in Aurora familiar with premises liability law. Call D.J. Banovitz at 303-300-5060 to set up a consultation to review the particulars of your case.