Accidents can happen anywhere, whether you're staying at a five-star resort or a budget motel. Maybe your spouse slips in the lobby, or your kids get hurt on the playground equipment.
These injuries can derail your family vacation, but knowing your rights and understanding how to claim hotel injury compensation can soften the financial blow.
In general, property owners have a legal obligation to ensure guest safety. While they're not responsible for your own negligence, they do have a duty of care to visitors for circumstances that are reasonably under their control.
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What Are Hotels Responsible for If You Get Injured?
If your family gets injured during your stay and the hotel can reasonably be assumed to have neglected its duty of care — or in some cases simply did not keep you safe — you could be eligible for compensation.
In addition to potentially getting reimbursed for medical bills stemming from the injury, you could also receive other compensation, such as for lost wages and non-economic damages like emotional distress.
Common causes of hotel injuries for families
Here are some of the most common causes of hotel injuries:
- Slip-and-fall accidents, such as if there's inadequate lighting in a stairwell or if a wet floor is not marked.
- Pool and spa accidents, such as your child getting their hand stuck in a pool filter that’s not properly covered.
- Accidents from faulty furniture or equipment, such as an elevator violently dropping due to not being properly maintained.
- Foodborne illnesses, such as if dishes in the breakfast buffet aren’t kept at the proper temperatures. (That said, you probably need to be able to prove that's how you got sick, as there can be many potential causes of food poisoning.)
However, it's important to realize that hotels are not liable for all accidents. For example, if your kids are playing tag in the hotel lobby and slip, that might not be the hotel's fault.
Or, if you're intoxicated and hurt yourself getting into the shower, that also might not be the hotel's responsibility.
READ MORE: Child Safety Tips for Stress-Free Family Travel Abroad
Steps to Take Immediately After a Hotel Injury
If a family member is injured at a hotel, do the following:
1. Seek immediate medical attention
Your first priority is the health and safety of your family. Even if the injury seems small enough that you can wait to visit a doctor, it’s better to be sure.
Not only that, but seeking immediate medical attention can help if you decide to later seek compensation. Waiting too long to get medical care could make it more difficult to prove the hotel was at fault.
2. Document the scene and injury
Take photos or videos to document the scene where the injury took place and the injury itself. Write down any information you can't get visual evidence of.
Also, save all medical records associated with the injury.
While you might be too injured to document the scene yourself (or need to take your child to the hospital in a hurry), maybe a family member can document the incident while you seek medical care.
3. Collect witness information
Try to collect witness information, too. Get the names and contact information of anyone who saw the accident. This could include other guests or employees.
4. Report the incident to hotel management
Report the incident to hotel management as soon as safely possible.
Different hotels will have different reporting procedures, but typically, they'll have you fill out an official incident report explaining exactly what happened.
Management might submit that to their headquarters or insurance company before getting back to you about any compensation offers.
How To Claim Compensation From Hotels
Taking the aforementioned steps can help strengthen your family's case for hotel injury compensation, but to actually get money, you'll likely need to do the following:
1. Contact the hotel’s liability team
If you haven't already heard from the hotel's liability team, contact them. Ideally, submitting a written claim to the hotel's legal team or insurance provider will get you the compensation you deserve.
If you're unsure what forms to fill out or who to contact, be persistent with management. If you need to, contact corporate headquarters (if applicable).
2. Work with your travel insurance provider
Your travel insurance can supplement costs that aren't covered by the hotel, or they might front you some money until compensation gets resolved.
Plus, your travel insurance provider might be able to contact the hotel's liability team if you're not getting through.
Contact your insurer’s customer service number for advice. Many insurers also offer 24/7 emergency support if you’re dealing with a critical injury situation.
3. Consult with legal experts if necessary
While you don't always need to go to this extreme, sometimes a legal expert can help you get the compensation your family deserves.
Many personal injury lawyers offer free consultations, so if you think the hotel isn't giving you fair compensation — or if you simply want a second opinion — consider reaching out.
What Travel Insurance Covers for Hotel Injuries
Travel insurance shouldn't be used as a replacement for holding hotels responsible for your family's injuries, but sometimes it can cover gaps — like if the injury isn’t the hotel's responsibility.
Some other areas where travel insurance can help:
- Medical costs: Out-of-pocket medical costs like doctor visits, prescriptions, and follow-up care can be covered. If you receive hotel compensation, some of that money might go toward reimbursing that travel insurer.
- Trip interruptions: If injuries disrupt your trip, interruption insurance can reimburse you nonrefundable costs. For example, if your spouse sprains their arm and would feel more comfortable resting at home, you might leave the hotel early and forfeit prepaid nights.
- Legal assistance and liability claims: Some insurance can offer logistical support with navigating hotel liability claims, as well as possibly cover legal fees.
READ MORE: Understanding Travel Insurance for Kids
Tips for Preventing Hotel Injuries
No one wants injuries to happen in the first place. Don't forget best practices like:
- Inspecting rooms and amenities before using them. Sure, the hotel might be liable for issues like proper lighting and locks, but that doesn't mean you want to ignore these issues either. Small steps like looking under the mattress for signs of bed bugs or notifying staff right away of any unsafe areas can help avoid a larger problem.
- Supervise kids in high-risk areas. Keep an extra close eye on your kids in high-risk areas like pools, playgrounds, or balconies.
- Know your limits. Whether you're enjoying some adult beverages or pushing yourself at the hotel gym, it's important to know your limits. Not only might the hotel no longer be liable if you're negligent, but you don't want to put yourself in harm's way in the first place.
FAQs About Hotel Injury Compensation
How do I prove the hotel was at fault for an injury?
Documenting the scene and injuries, along with witness statements and medical records, can help prove fault. If needed, a personal injury lawyer might also help you prove the hotel was at fault via a more thorough analysis of the hotel's practices leading up to the incident.
Can I claim compensation for emotional distress caused by a hotel injury?
You might be able to claim compensation for emotional distress, depending on the circumstances. In general, the more serious or traumatizing the event, the more likely it is for there to be emotional distress compensation.
How long does it take to receive compensation after filing a claim?
The timing for receiving compensation for a hotel injury claim varies by hotel. At minimum, it typically takes a few weeks to go through the proper paperwork and approval processes, but it can take years, such as if a case gets litigated.
TL;DR: Understanding Hotel Injury Compensation for Families
Know your rights when it comes to hotel stays. The property has a duty to keep you reasonably safe, and if an accident does happen, you might be entitled to compensation.
Receive medical care immediately, document the situation, and speak with both your insurance provider and the hotel to make sure you’ve done your due diligence.
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