How Do I Sue a Hotel for Injury?
If you want to sue a hotel for an injury, you need to gather as much evidence as possible. Then, contact our Vancouver personal injury lawyers for advice. If we think the hotel was negligent, we can help you through the claims process. This involves lodging a claim with the hotel’s insurers.
How to sue a hotel for an injury
If you believe that a hotel or resort is to blame for a recent injury or illness, then you might be thinking about suing them. To sue a hotel, you need to:
- Take photos of the scene of the accident
Hopefully you are still at the hotel or resort while reading this. If so, take photos of the scene of the accident from different angles. The purpose of these photos is to show what caused your injuries. If you’ve suffered an illness, then this might not be possible. Even so, there may be use in photographing the dining area if you developed a bout of food poisoning.
- File an accident report
If you’ve been injured on the hotel premises, tell a member of staff that you want to file an accident report. Make sure the report details how and where the accident happened, and the injuries you have sustained to your knowledge. Ask for a copy of the accident report once it has been completed.
- See a doctor
If you have not already seen a doctor for your injuries or illness, then now is the time to do so. This ensures the full extent of your injuries is known. It is also a crucial piece of evidence if you decide to sue the hotel or resort, as it provides a link between the incident and your physical/emotional damages.
- Speak to our Vancouver personal injury lawyers
Next, contact our Vancouver personal injury lawyers for advice. If you want to sue a hotel, you have to prove that the hotel was negligent. This is not always straightforward. The hotel is not expected to eliminate every single hazard. It is, however, expected to take reasonable steps to protect the health and safety of visitors. We can determine if the hotel is negligent.
- Check you have grounds for a claim
If the hotel is negligent, then it’s a good start. However, you also have to prove that you suffered some kind of injury because of the hotel’s negligence. Otherwise, you don’t have grounds for legal action. Again, our lawyers can assess the merit of your claim, advising you about your options.
- File a claim against the hotel
If we think your hotel injury claim stands a good chance of success, we will offer to manage the process for you. Hotel injury claims are made under the Occupiers’ Liability Act. The hotel will have an insurance policy to cover the costs of these kinds of lawsuits. We will represent you throughout proceedings, working to get you the compensation you deserve.
What do I need to prove to sue a hotel for an injury?
You always have to prove three things when making a hotel injury claim:
- That the hotel or resort owed you a duty of care
- That the hotel or resort was negligent
- That you suffered as a direct result of this negligence
Hotels and resorts owe anyone visiting their premises a duty of care. This extends to hotel guests and day visitors. So, the first point is easy to prove.
The second point is worth getting legal advice about. A hotel will be negligent if more should have been done to prevent your injury. This is a very fine line. A guest who spills his coffee and immediately slips on it cannot blame the hotel, as nothing could have been done to prevent this mishap. But a guest who slips on a spillage that hasn’t been cleared up for three hours could have grounds for a claim, as the hotel should have addressed the issue sooner.
If the hotel is negligent, then the final point you must prove is that this negligence caused you some kind of injury. Injuries are usually physical, but they may also be emotional or financial.
If all three points can be established, then you are able to sue a hotel for an injury. Speak to our Vancouver personal injury lawyers to start your claim. Either fill in the free online enquiry form or call us on 604 684 0040.Go back to Blog