Hotels see a constant flow of guests in their lobbies, hallways, pools, and stairwells. When a hotel fails to catch and fix hazards in these areas, it can be held liable for resulting slips and falls under Illinois premises liability law.
What Duty Does a Hotel Owe Guests?
Hotels owe guests a duty of reasonable care to maintain the property in a reasonably safe condition, which includes routine inspections, prompt hazard correction, and adequate warning of dangers that can’t be immediately fixed. This duty extends across the property, including areas guests don’t pay direct attention to, like maintenance closets or back stairwells used as shortcuts.
When hotels fail to discharge this duty, guests commonly suffer injuries, such as:
- Fractures
- Traumatic brain injuries and concussions
- Spinal cord injuries
- Sprains and strains
- Cuts and lacerations
- Soft tissue injuries
Because many hotels are run by management companies operating under a franchise brand, liability can sometimes involve both the on-site operator and the corporate franchisor. However, this all depends on how much control the franchisor exercised over day-to-day safety practices. But it can dramatically expand the insurance coverage available to address your claim.
Where Do Hotel Slip and Falls Commonly Happen?
Slip and falls can happen in any area of a hotel that experiences heavy foot traffic or wet floors from spills, mopping, or pool water. They most commonly happen in:
- Lobbies and entryways, where tracked-in rain, snow, or freshly mopped floors create slick surfaces.
- Pool and hot tub areas, where wet decking and inadequate slip-resistant surfacing are common hazards.
- Stairwells and elevators, where poor lighting or worn carpeting is common.
- Bathrooms, where malfunctioning tub mats or improperly installed grab bars may generate falls.
- Parking garages and walkways, where snow, ice, or poor lighting increase fall risk.
If a hotel failed to inspect one of these areas or address a known hazard, it could be liable for the falls resulting to guests.
How to Prove a Hotel Injury Claim in Illinois
A successful claim generally requires showing (1) a hazardous condition existed, (2) that hotel staff knew or should have known about it, and (3) that they failed to address it or warn guests within a reasonable time.
Evidence that helps establish a claim includes:
- Surveillance footage
- Incident reports
- Maintenance and housekeeping logs
- Photos of the hazard.
An experienced Geneva premises liability attorney can help you draft preservation letters to demand the hotel keep relevant evidence of the incident and gather other key proof through additional investigation.
What Compensation Can Be Recovered After a Hotel Accident?
A successful hotel slip and fall claim can allow an injured guest to recover compensation for their economic and non-economic damages. These include but are not limited to:
- Emergency medical treatment
- Ongoing medical care
- Future medical expenses
- Lost wages,
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Out-of-pocket costs
The value of a claim can be affected by shared fault. Illinois follows a modified comparative negligence rule for cases where a guest shares responsibility for their injuries. Under this rule, a guest’s compensation will be reduced by their percentage of fault, and they can be barred from recovering anything if found 51% or more at fault.
Anyone injured in a hotel fall should report the incident to management and contact an experienced personal injury attorney to help understand their rights and legal options. Call Feagans Law Group to schedule a free consultation to learn more.