Personal injuries that occur on the property of hotels can sometimes happen because of the negligence of the hotel owners who may be held responsible. However, not all injuries can legally be considered the fault of the hotel. West Virginia residents should be aware of all of the factors involved in filing a personal injury claim.
According to premises liability laws, property owners have a duty to ensure that their property is safe. If property owners have preexisting knowledge of hazards that could result in injuries, then they can be deemed negligent and liable for harm. In turn, a negligence claim could fail if there was no prior knowledge of potential danger.
Proving the negligence of the hotel requires verifying that there was a lapse in responsibility that resulted in the plaintiff incurring a personal injury. In the example of a slip and fall in a hotel lobby, it can be successfully argued that the hotel had a duty to provide customers with a safe lobby. In order to show a breach in responsibility, evidence would have to be presented to show that the hotel staff had prior knowledge or should have been aware that a slip and fall could have occurred in the lobby. If the floor was wet, then it could be proof that there was a failure to maintain a dry and safe floor. A negligence claim could result in compensation for medical expenses.
There are situations in which hotels may be held liable for the personal injuries that were likely to occur on their premises because of negligent maintenance. A personal injury attorney may be able to provide guidance regarding filing a negligence claim for injuries sustained on the premises of a hotel or some other business.