Whether you are traveling for work, fun, or simply taking a staycation, staying in a hotel is meant to be a relaxing and enjoyable experience. However, accidents can happen anywhere, and it is important to understand who can be held responsible for your injuries and damages. If you are injured while staying at a hotel, determining the liable party can help you deal with any legal action and protect your right to compensation and damages. To learn more and secure skilled representation during your case, reach out to a New Jersey premises liability lawyer and set up your free consultation today.
What is Premises Liability?
Under premises liability law, property and business owners have a legal responsibility to maintain a reasonably safe environment for their guests. This obligation holds property owners responsible for any accidents and injuries that occur on their property due to their negligence or unsafe conditions. Premises liability applies to many individuals and entities, including hotel owners and management.
Who is Liable if I’m Injured in a Hotel?
The liable party in your hotel accident can vary depending on the specific circumstances of the situation. In general, the individual or entity found liable could be you, the hotel, or a third party.
You could be found liable for your own accident if you were negligent or reckless and caused the accident and damages to occur. For example, an accident may be your fault if you ignored caution signs and snuck into a dangerous area where you were injured.
However, if the hotel owner, management, or employees were negligent, then they could face liability. They could be negligent if they knew about or should have known about a hazard and did not take reasonable steps to rectify the problem or warn customers away from the danger.
Any third party could be held liable for your accident as well, depending on the details of the situation. A contractor’s negligence or a hotel guest’s malicious action could render them legally responsible.
What is Comparative Negligence?
When considering liability in a hotel accident, another important legal concept to keep in mind is comparative negligence. New Jersey implements a modified comparative negligence system, which allows more than one individual or entity to be found responsible for an accident and the resulting damages.
A court will examine the details of the situation and assign a percentage of the blame to each party involved. For example, if the hotel management was negligent and failed to clean up a spill that caused your accident, they could be found 100% liable. However, if you contributed to the accident in some way, like you were running when you were not supposed to or were distracted by your phone, you could be found 10% responsible.
As long as you are less responsible than the other party involved, you can still recover compensation, though the amount you are entitled to will be reduced by the percent you are found at fault.
When two or more parties are involved in an accident, liability and compensation can get confusing. Work with an experienced attorney at Rubenstein, Berliner & Shined, LLC for skilled representation and legal advice.
