Unfortunately, hotel accidents are all too common, especially in a large city like Philadelphia. For example, earlier this month, a woman who was seriously injured after falling near a pool at the Marriott Residence Inn in Philadelphia decided to sue the hotel for negligence. Specifically, two years ago, Catherine Gardner’s foot dropped into a deep hole after she stepped onto the pedestrian walkway in the pool area. Her claim for negligence details that the hotel failed to provide for the inspection of the safety of the walkway, provide proper warning of the dangerous condition, and take other safety precautions to prevent injury to guests. She is seeking damages related to her physical injuries, shock and injury to her nervous system, mental anguish, medical expenses, loss of wages and potential permanent disability.
Unfortunately, hotel negligence can have an even more detrimental impact, sometimes even leading to wrongful death. For example, several years ago, several guests were poisoned from carbon monoxide at a Best Western in Pennsylvania, all due to the company’s refusal to place carbon monoxide detectors in their rooms.
Other common complaints from hotel guests include:
- Presence of bacteria or other nuisance in the pool and/or room;
- Food poisoning;
- Improper security measures;
- Improperly trained staff;
- Assaults; and
Anyone who is a guest at a hotel has the right to expect a reasonable standard of care. Pennsylvania allows people who have been injured on someone else’s property to make a claim for compensation for their injuries.
In addition to abiding by state law, hotels must also comply with the Americans with Disabilities Act and the Hotel and Motel Fire Safety Act of 1990. Hotels are also not allowed to discriminate, based on duties owed under the Civil Rights Act of 1964, although they can deny accommodations to anyone due to an unwillingness to pay, if they do not have room, and/or if the person is intoxicated or would otherwise create an unreasonable danger or risk to others.
Pennsylvania Negligence Attorneys
The Pennsylvania premises liability attorneys at Solnick & Associates represent people who have been injured in accidents that are the result of someone’s negligence. These cases can be complicated, necessitating the assistance of an experienced attorney in this specific area. For example, when choosing defendants in premises liability cases, it is sometimes proper to not only name the owner of the property, but the manager or supervisor and any owning companies.
Common defenses in these cases include that certain activities were unforeseeable, and sometimes companies prefer to settle rather than fight in court. In addition, hotels are not liable for every accident that occurs on the premises, particularly if they did not have prior knowledge of the issue and/or if they provided a warning to guests to avoid a particular area because of the presence of a hazard. In addition, punitive damages can be pursued where a hotel was particularly egregious in their negligence, in order to deter future bad behavior. Contact Solnick & Associates today so that we can discuss your case with you.