Injured at a Hotel? Learn How to Claim Compensation

Whether you slip in the lobby or get hurt using an unsafe amenity, you may be entitled to compensation if you’re injured at a hotel. 

That's because hotels generally have a legal obligation to ensure guest safety.

When a hotel is negligent, like leaving out broken equipment or not putting signs up about wet floors, then it could be financially responsible for your medical bills, emotional distress, and other damages related to the injury.

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When Are Hotels Liable for Injuries?

When hotels are liable varies based on the situation, including state and local laws, and the circumstances surrounding the injury. 

For the most part, though, property owners — including hotels and other types of lodging operators — are responsible for guest safety. 

Even if an injury is from an accident, as opposed to an incident like an assault, the hotel could still be liable if it did not do enough to create a safe environment. 

The concept of hotel liability 

Hotels have a duty of care to anyone who visits the property. 

That duty of care generally means creating and maintaining a safe environment, including properly functioning amenities such as pools and gyms, and even things like designing parking lots in a way that reasonably minimizes risk to both drivers and pedestrians.

When a hotel does not meet this duty of care, they could be negligent and thus face liability for the incident. 

Sometimes this negligence is clear, like operating elevators past their inspection dates. Other times the issue may be unknown to the hotel but could still lead to liability issues, like if a room has bed bugs.  

Common scenarios where hotels are found liable

Some common scenarios where a hotel is likely to be found liable for injuries include:

• Slip-and-fall accidents due to negligence, e.g., not marking wet floors, roping off broken tiles, or not properly lighting stairways
• Accidents caused by faulty amenities, e.g., if a broken treadmill belt causes a guest to fall off the machine or if a pool has unhealthy levels of chemicals in it
• Accidents stemming from insufficient security, e.g., broken room locks leading to break-ins or a lack of staff to prevent assaults in public areas of the hotel

That said, hotels are not liable for all injuries. 

Clear negligence on the guest's behalf, not the hotel's, could mean the hotel is not liable — for example if a guest arrives inebriated and trips in the lobby, without any other hazards causing the incident. 

Liability can also be somewhat subjective and may come down to what a judge or jury decides in a lawsuit. 

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Steps To Take After a Hotel Injury

If you find yourself injured in a situation where the hotel seems to be liable, or even if you're unsure who's at fault, take the following steps so you get fair compensation:

1. Document the incident immediately 

Ideally, take photos and/or videos of the incident, including your injuries and where the injury took place. Point out any hazards the hotel may have been negligent about. 

If you can't obtain visual evidence, write down what happened so you're not relying on memory and have a paper trail. 

If there were witnesses, ask them to make a statement clarifying what happened, so it's not just your word versus the hotel's.

2. Report the injury to hotel management 

Make sure to report the injury to hotel management as soon as possible and request an official incident report. 

Most hotels will have a clear process and documents in place, especially if you're staying at a large hotel brand. 

Ask for a copy of the report. Add this to your own records with the other documentation you've made. 

3. Seek medical attention and keep records 

Even if your injuries are minor, getting medical care can help verify them and prove you're entitled to compensation.

Keep all associated medical bills, medical records, and any other documentation such as proof of missed time and lost wages from your employer. 

The more evidence you have of how the injury cost you time and money, the more likely you are to receive higher compensation.

Types of Compensation You Can Claim

You can potentially get money for both your direct costs like medical bills, as well as more intangible costs like emotional distress. 

Specifically, compensation can fall into either or both of the following categories:

Economic damages 

You may be able to receive compensation if a hotel's negligence causes you to incur direct financial costs such as:

• Medical bills
• Lost wages due to missing work because of the injury
• Property damage like breaking jewelry as a result of a fall 

Sometimes you can get reimbursed the full amount of these economic damages. Other times, hotels will reimburse partial amounts, depending on their liability and what you agree to.

For example, if an unsafe shower causes you to break your ankle, you might receive full compensation for medical bills. 

However, if you have a remote office job that only requires you to use a computer, rather than travel or stand on your feet, then getting compensation for lost wages might be harder, as there's no clear link between the injury and missing work.

RELATED: How to Negotiate Medical Bills, Step-by-Step

Non-economic damages 

Injuries can also lead to compensation for non-economic damages such as:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life 

These are similar but separate areas of concern that might not have an objective financial cost. You can ask for what you think is fair compensation and the hotel might agree to it, or an insurance company or court might determine what's fair. 

For example, if your loved one passed away in a hotel accident that you witnessed, you might be able to receive compensation for emotional distress. 

Or if you lose your hand due to a faulty elevator door closing on you, you might sue for compensation due to loss of enjoyment of life, given that your life activities would likely be altered. 

The amount of compensation varies greatly based on the situation. Some cases may result in a few thousand dollars worth of compensation, while others might be worth hundreds of thousands or more.

How To Pursue a Hotel Injury Claim

If you find yourself in a position to make a hotel injury claim, consider the following actions after you’ve documented it and gotten care for the injury.

File an insurance claim 

Most hotels carry liability insurance to protect themselves financially in case of guest injuries. 

You might be asked to file a claim with the hotel's insurer after they review the incident report, or the hotel might make the claim on your behalf. 

If you make it yourself, the process varies by insurer but typically involves filling out paperwork that explains what happened. You would submit any supporting evidence like medical bills and photos of the incident.

Seek legal assistance 

In many cases, seeking legal assistance is a good idea, even if it's just to confirm that a hotel's settlement offer is fair. 

Typically, you would use a personal injury lawyer who can walk you through the claims process and advocate for you by negotiating with the hotel and/or insurer to get you as much compensation as you deserve. 

A lawyer can also help you file a civil lawsuit if the hotel and/or insurer are not giving you what you want.

Leverage travel insurance for additional coverage 

While not a substitute for a hotel's legal liability, having your own travel insurance can help you supplement what might not be covered or at least float you through some of the upfront costs. 

For example, travel insurance can reimburse you for hospital bills or medical evacuation. It may also assist you with legal expenses if necessary.

If you don’t have a preferred insurance company, you can look for a policy that suits you through an online broker like VisitorsCoverage. Just remember that you need to purchase the insurance before your trip — you can’t buy it after you’ve been injured.

RELATED: The Essential Types of Insurance Policies You Need and When

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Your credit card might also come with travel insurance that can help you if you’re injured, provided you made the booking with that card. 

The Chase Sapphire Reserve®, for example, will reimburse you up to $2,500 for medical expenses if you or a family member are injured. You can also contact them for legal and medical referrals.

COMPARE: Best Credit Cards With Travel Insurance

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Common Mistakes to Avoid When Filing a Claim

When filing a hotel injury claim, try to avoid these common mistakes:

• Failing to document the incident thoroughly: If you only have partial information, like a photo of your injury but not the scene that shows how the hotel was negligent, it can be hard to hold the hotel liable.
• Waiting too long to report the injury: Different states have different statutes of limitations (often around two to three years), and hotel policies also differ, but the sooner you can report the injury, the better.
• Accepting a settlement offer without consulting a lawyer: It's up to you to decide whether to use a lawyer, but it may be worth consulting one so you don’t cut yourself short.

FAQs About Hotel Injury Compensation

When is a hotel legally responsible for guest injuries?

A hotel is legally responsible for guest injuries if it can be proven that it was negligent in ensuring safety. 

The specifics can vary by situation, but generally, if the hotel's inaction or poor choices led to your injury, it may be legally liable.

What types of injuries can I claim compensation for?

You can claim compensation for essentially any injury at a hotel that wasn't your fault but could be due to the hotel's negligence.

For example, slip-and-fall accidents due to unmarked wet floors or inadequate lighting, injuries from unsafe equipment such as pools or exercise machines, bites from bed bugs, and more.

How long do I have to file a claim after an injury at a hotel?

This varies by jurisdiction. In many states, you have up to two years from the date of the incident to file a claim.

Do I need a lawyer to file a claim against a hotel?

You don't necessarily need a lawyer to file a claim, but using one may help you receive more compensation than if you tried to navigate the process on your own.

TL;DR: Claiming Hotel Injury Compensation

Hotel injuries can be expensive and challenging to deal with. But you may be able to receive compensation if the hotel was negligent. 

To improve your odds of receiving fair compensation, document as much as possible, get witness statements/documentation if applicable, file promptly, and consider speaking with a personal injury lawyer to help you negotiate with the hotel and/or insurers.

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Disclosure: Opinions expressed here are the author's alone, not those of any bank, credit card issuer, hotel, airline, or other entity. This content has not been reviewed, approved or otherwise endorsed by any of the entities included within the post.