What are Hotel, Resort & Vacation Injuries?
Vacation should be a time of peace and enjoyment. Under California law, hotels and resorts are required to create and hold a safe space for their guests. However, a hotel and resort’s reckless behaviors, lack of care and maintenance can lead to injury or illness. Whether it was at amusement parks, resorts, or even cruises, you are entitled to compensation for injuries. At Alipour Law Group, we highly recommend you consult with our skilled Irvine personal injury lawyers to discuss your case.
What are some common causes of hotel, resort & vacation injuries in Irvine, CA?
In Hotel and Resorts
- Abuse from the staff: Misconduct from the staff is still the hotel and resorts’ responsibility as their employees
- Robbery or assault: hotels and resorts have the responsibility to keep their visitors and guests safe. Their lack of security can leave vulnerabilities for guests.
- Injury from poor property maintenance: these can include infected beds and furniture, poorly maintained pools, malfunctioning elevators or other access points, broken door locks, and open electrical cords that aren’t attended.
- Accident on hotel or resort property: one common injury is slip and fall or transportation accidents on the hotel and resort premises.
- Lack of supervision or security to reasonably intervene: this can include the lack of lifeguards, security failing to intervene and stop flights or dangerous activities
- Food poisoning: Most hotels and resorts have restaurants within their property that they are responsible for.
- Bed Bugs: Hotels and resorts are responsible for maintaining all equipment and furniture, especially beds. Beds are prone to bed bugs and it is the hotel’s responsibility to respond in a timely manner to ensure the safety of the visitors.
During vacation
- Animal attack or accident due to poor supervision
- Sports or physical injury from the lack of safety measures
- Transportation accidents (cruise, complimentary rides, etc.)
While these are only some of the common causes for injuries, there are many other cases that can qualify under hotel, resort & vacation injuries.
Our Irvine Personal Injury Lawyers Represent Clients In The Following Practice Areas:
- Brain Injury
- Bicycle Accidents
- Car Accidents
- Dog Bites
- Electric Scooter
- Electric Bike
- Truck Accidents
- Wrongful Death
- Medical Device Injuries
- Motorcycle Accidents
- Pedestrian Accidents
- Premise Liability
- Slip and Fall Injuries
- Uber/Lyft Accidents
What damages are covered under hotel, resort & vacation injuries in Irvine, CA?
Common damages that you may have suffered from includes, but are not limited to
- Medical bills: Medical treatment can be expensive and often times are not one-time treatments. As a result, compensation can include both past and future medical treatment. Medical treatments also can mean rehabilitation, equipment, and medication.
- Expenses: If there were costs that were out of pocket, it can be included for compensation
- Emotional and psychological distress: There can be emotional and psychological pain/suffering due to the injury. Compensation can include these damages for the pain and suffering that was experienced from the injury and post-injury.
- Loss of wages or earnings: injuries can prevent an individual from working, thus losing their main sources of income or wage.
- Loss of Consortium: This can include one’s ability to have children or depravation of relations due to injury
Is the hotel/resort liable for the injury?
In California, even if an employee’s negligence led to an injury, the hotel and resort are liable for their employee’s actions and misconduct. Specifically, under vicarious liability, hotel/resort owners may be liable for their employees. For instance, even if the owner did not have control or was aware of the misconduct, they can still be liable.
Common dates and locations for hotel, resort, and vacation injuries in Irvine, CA
Common vacation dates that can lead to injury is during Thanksgiving weekend. As more friends and family members come together, there has been an increase of impaired driving accidents on vacations. Furthermore, many vacation hotspots includes malls that are crowded on Black Friday.
California has a lot of pedestrians during vacation and especially areas near hotels and resorts. As a result, more pedestrian accidents occur. Specifically, accidents on weekends make up almost fifty percent of traffic accidents regarding pedestrians. We highly recommend travelers to look at their destination spots prior to their travels.
Cruise vacation injuries
A special case involves cruises as there are slight differences when it comes to cruise accidents. For instance, different parts of the world has different laws and jurisdictions over certain claims. Furthermore, there is a statute of limitations, or a deadline, until an individual can file their case. The one-year time constraint makes it different from other cases involving accidents on hotels or resorts.
Another important note is that many vacation attractions such as cruise ships will have limitations in their fine prints. For example, some cruises will limit the deadline to three to six months rather than the one-year deadline.
If you have recently suffered an injury while on a cruise ship, you should consult with our experts and notify the cruise line of your intent to sue within the assigned time.
Winter vacation accidents
Many California residents enjoy winter sports as many places in California does not have natural snow. As a result, there has been an increase in winter vacation accidents.
If ice and snow was not properly taken care of on the property, accidents due to the slippery floors can be grounds to get compensation from the hotel or resort owner. The property owner is responsible for the sidewalks or entrances to their property. While this may not mean that everything is perfect, there should be a reasonable level of care and caution exhibited by the property management.
Winter sports in particular such as ski resorts will have waivers for participants as the environment and sport is a hazard. This is important to keep in mind for vacation destinations as removing all hazards would take away from the activity. Once again, however, it is the resort’s responsibility to reasonably warn visitors and respond to necessary hazards that are present on their premises.
What should I do if I have suffered from Hotel, Resort & Vacation injury in Irvine, CA?
If you are in need of medical assistance, seek immediate medical attention. If you are able to collect any evidence at the scene of the injury, take as many photos/videos and physical evidence. You can also collect contact information of any potential witnesses or those who suffered from similar experiences.
Be sure to report the incident to hotel/resort management so that they can file an incident report. You can also request security footage that captured the incident and the surrounding areas.
We highly recommend that you contact Alipour Law Group for expert legal assistance at https://asl.law/ before signing documents or making any statements. Our lawyers are ready to assist you with hotel, resort, and vacation injuries in Irvine.
How Can We Help?
While seeking immediate medical attention should be your first priority, it is essential that you seek legal advise too. If you have suffered Hotel, Resort & Vacation injuries, it should not be your responsibility to pay for your medical costs. We understand the extent of pressure that our clients experience after a Hotel, Resort & Vacation injury. Our experienced attorneys can help you recover your past and future medical costs, lost earning from your job, emotional distress, pain and suffering, and in some cases punitive damages to punish the responsible person, while you focus on recovering your health.
CONTACT US TODAY FOR A FREE CASE EVALUATION.
Frequently Asked Questions for Hotel, Resort & Vacation Injuries in Irvine
Can I file a lawsuit if I’m injured while on vacation in a different state or country?
Yes, you can file a lawsuit if you’re injured while on vacation, but the process can be complex. Jurisdiction issues, differences in laws, and the location of the injury can impact your case. An experienced personal injury attorney can help navigate these complexities and determine the best course of action.
How long do I have to file a claim for a hotel, resort, or vacation injury in Irvine, CA?
In California, the statute of limitations for personal injury claims is generally two years from the date of the injury. However, certain factors can affect this timeframe, so it’s important to consult with an attorney as soon as possible to ensure your rights are protected.
What evidence is needed to prove a hotel, resort, or vacation injury claim?
Evidence can include medical records, accident reports, photographs of the accident scene and injuries, witness statements, maintenance logs, security footage, and any other documentation that supports your claim of negligence.
Do I need an attorney for my hotel, resort, or vacation injury case?
While it’s not mandatory to have an attorney, having experienced legal representation can significantly increase your chances of a successful outcome. An attorney can handle all legal aspects of your case, allowing you to focus on recovery.
What should I avoid doing after a hotel, resort, or vacation injury?
Avoid signing any documents or making statements to hotel or resort management without consulting an attorney first. Do not accept any settlement offers before understanding the full extent of your injuries and damages. Refrain from discussing your case on social media, as this can impact your claim.
Can I still file a claim if I am partially at fault for my injury?
Yes, California follows a comparative negligence rule, which means you can still recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault. An attorney can help evaluate your case and determine the impact of any shared fault.
How do I prove that the hotel or resort was negligent?
Proving negligence involves showing that the hotel or resort had a duty of care to ensure your safety, they breached that duty, and the breach directly caused your injury. Evidence such as maintenance records, safety logs, and witness statements can be crucial in proving negligence.