For as long as I can remember, the legal field has always fascinated me. While my friends watched sitcoms and cartoons, I chose to watch courtroom dramas and real life trials unfold. There was never really any question as to what I wanted to be when I got older. The only profession for me was that of a trial lawyer. Unfortunately, a serious car accident several years ago changed all that. Now, my injuries prevent me from leaving my home most days. However, my love for the law has never went away. While I may not be able to realize my dreams of becoming a trail lawyer, I still wish to help people with their legal problems. That is why I decided to start this blog. It is my hope that the information contained in these pages will help other accident victims like me when filing their personal injury claims.
Dangers are always nearby. This is even the case when you're trying to enjoy a relaxing, hotel stay. Each year, a number of hotel guests are injured due to the failure of the property owners and their employees to engage in safe and efficient practices. In these types of scenarios, determining who is responsible for the injuries is often a major battle. If you have been injured while staying at a hotel, make sure you know how to determine liability to ensure you are compensated for your losses.
Reasonable And Foreseeable Liability
When it comes to recouping your losses, liability is the most important factor to consider. Hotel properties are legally required to ensure their premises are safe and free of injury risks for their guests; however, an injury must be considered reasonable and foreseeable for the property to be considered legally liable.
To put this concept in perspective, consider a broken bone sustained from a fall, for example. Say a guest sat down in a chair with a broken leg. Their weight caused the chair to collapse, causing the individual to fall forcefully on their arm. This is an example of reasonable and foreseeable liability because had the property repaired the leg or replaced the chair, the person would not have fallen and injured themselves.
In addition to liability, guest's negligence also comes into play. If your injures are at all the result of your failure to use proper judgement, you might end up unsuccessful in your claim for compensation. For example, a child whose parents allows them to jump on the bed who falls and suffers trauma could be considered negligence on the part of the guests.
The reason for this is that it is not the responsibility of the hotel to remind you not to engage in unsafe practices – this is your responsibility. If your actions at all contributed to your injuries, you may not have a case because you can't put full liability on the hotel.
Even with clear negligence and reasonable and foreseeable liability, going after a hotel can be a major feat. Large chain hotels often have a team of attorneys that will work hard to prevent their client from compensating you. Having an attorney on your side can help you meet this challenge. An attorney can examine the facts surrounding your incident to establish a solid, evidence-based claim of reasonable and foreseeable negligence on the part of the property to ensure you are fairly and sufficiently compensated.
If your hotel stay turned out to be more about tragedy than relaxation, let an attorney like Owen Law Firm work with you to determine liability and help make things right.Share
18 December 2015