If you have a suffered an injury at a hotel that was no’t your fault, regardless of whether you were on holiday or working there, you could make a hotel accident claim for compensation.
When you go on holiday you are expecting to have a lovely and relaxing time away from all the stresses of everyday life and generally just to have a break and spend quality time with family and friends. To then have an accident and sustain an injury, especially when it wasn’t your fault, can be really upsetting and distressing. You may be thinking about making a hotel personal injury claim, but don’t know where to begin. Have a read through our guide below for lots of information on how to sue a hotel for negligence and see how Legal Helpline can be of assistance.
If you work in a hotel or are from an agency that the hotel use, and have been injured from an accident that wasn’t your fault, this guide can help you to start a hotel accident claim too. In fact anyone on the hotel grounds, whether you are a guest, staff, agency staff, maintenance staff or anyone else that is on the hotel property may be entitled to make a claim depending on the circumstances and so this guide will be useful to all.
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- Hotel Injury claims guide
- Who can make a claim against a hotel?
- Hotel accidents and injuries abroad
- Typical accidents and injuries in hotels
- Slips, trips and falls in hotels
- Hotel Staff injury compensation claims
- Hotel Injury claims compensation calculator
- How do I start a hotel injury claim?
- Hotel Injury Claims, no win no fee
- What can Legal Helpline do for me?
- Start a hotel injury claim today
- Helpful Links and Resources
Anyone who suffers an injury whist on a hotels property, whether they were in a guest room, bathroom, communal area, swimming pool, gym, sauna, restaurant, in the car park, or any other area on the hotel grounds, if the injury was due to an accident that wasn’t their fault then they may be eligible to make a hotel accident claim. Regardless of whether you are a guest or staff, providing it can be proven that the hotel was to blame, you can make a claim.
This guide gives lots of useful information on making hotel accidents claims. It covers things like what the most common accidents and injuries are, who can make a claim, a step by step guide as to what you should do if you have been injured, how to start your claim, what can be included in your claim, estimated compensation amounts you could be awarded and much more. It also touches briefly on our no win no fee service and how it can benefit you.
Of course if you still have further questions regarding starting your hotel accident claim, please feel free to call us at Legal Helpline for help and advice.
Hotel owners or occupiers have a legal duty of care to provide a safe environment for anyone visiting their premises. It doesn’t matter if you are a holiday maker, a member of staff, or perhaps a maintenance trades person or someone from the postal service, if you get injured due to an accident that wasn’t your fault whilst on the hotel premises, you may have a legitimate reason to make a claim depending on the circumstances involved if you believe it may have been due to the hotelier’s negligence.
When making a claim, there are a number of things to take into consideration to determine whether you have a legitimate case such as:
- Liability – Before any claim can be successful, liability needs to be proven. If your injury was not caused by you, then you need to decide who is to blame and gather the evidence that proves they are responsible.
- Diagnosis – To medically prove that you have sustained an injury and to show its severity, you must see a medical professional to have your injury properly assessed and a medical report written. You can use the report as evidence of you pain and suffering.
- Date of the accident – Any claim being launched must be made within 3 years of the initial injury occurring or from when the first symptoms of the injury were noticed.
In most cases where a hotel personal injury claim is being made, it is usually the hotel owner that is being sued as it is their responsibility to ensure you are in a safe environment whilst on their premises, regardless of whether you are a guest or member of staff. This is also true if you are injured abroad except sometimes the tour operator may have some responsibility. Legal Helpline work with solicitors who have successfully dealt with personal injury claims for accidents abroad, and so if you contact us, they can look at your individual case in more detail.
There are many ways in which an accident might occur causing someone to become injured, with some being more common than others. Some of these are:
- Slips, trips and falls – See below for a more detailed look at these types of accidents.
- Scalding and burns – Incorrect temperature fittings or settings on taps, showers, baths and towel rails in the hotel room can lead to these types of injuries.
Or it could be that the food or drink served in the hotel bar or restaurant was too hot for consumption causing you to burn your lips, mouth and throat.
- Poor Hygiene standards – Food poisoning is quite common, particularly when abroad and although often passes after a day or two, can sometimes cause more serious complications resulting in life long problems.
- Faulty furniture and fittings – Accidents involving furniture that is old and worn are quite commonplace. Structural damage to beds, tables and chairs could result in them collapsing if never checked, maintained, repaired or replaced. Also, poorly positioned shelving and units may cause injuries, or shelving and furniture that has not been properly installed could result in them collapsing.
- Faulty Electrics – If electrical items or fittings are not regularly maintained they could become dangerous.
- Bed Bugs – Bed bugs can cause bad skin irritation and are very hard to get rid of, often getting into clothing and travelling home with you. If the hotel is poorly maintained and cleanliness standards low, it can increase the risk of these being present.
- Lift and Stair accidents – Accidents due to faulty lifts and staircases can result in someone becoming seriously injured and in rare cases their injuries could be fatal depending on the actual circumstances of the accident.
- Leisure facilities, spa and swimming pools – Sustaining an injury whilst in these areas may occur to a variety of reasons. If you have been injured or become ill after using the swimming pool for example, it may be due to poor cleaning regimes or problems with too much chemicals being added to the water for example. Or maybe you were injured due to broken or defective equipment in the leisure areas. Taking a photo of the defective equipment could be beneficial in proving liability. Also if you have suffered after a treatment in the spa, you may also be eligible to make a claim if the treatment was carried out incorrectly.
These are just a few of the possible accidents and injuries that could and do happen every year. If you have suffered an injury whilst working in a hotel or whilst staying there as a guest, and it wasn’t your fault, but due to the negligence of the hotel, call Legal Helpline for expert help and advice on how to make a successful compensation claim.
Slip, trip and fall accidents in hotels are probably the most common of all accidents that occur in hotels each year. Often the injuries sustained from these types of accidents can be very debilitating and leave the victim in a lot of pain and distress. There are numerous reasons as to how someone may be involved in a slip, trip or fall accident regardless of their reason for being in the hotel, such as:
- Slips due to Wet Surfaces – Floor surfaces in hotels can be very slippery if left wet from either cleaning, weather conditions or spillages. Warning signs should be out in place when cleaning, or once it is noticed that the floor has become unusually wet such as when its been raining and people walk in with wet shoes or coats dripping, or if something has spilt or leaked leaving a puddle of liquid on the floor. If staff fail to dry the floor and / or erect warning signs within a reasonable amount of time, then if you slip over and become injured, you may be able to make a claim.
Also, floor surfaces installed purposely for wet areas such as around the swimming pool, changing rooms and in the shower should all be of a suitable non-slip design, if they are not, the hotel could be sued for negligence.
Spilt food or drink in the restaurant and kitchen areas also pose a slip hazard if not cleaned up as soon as possible and may be a reason for making a hotel accident claim.
- Trips and falls due to:
- Poorly laid and maintained floor coverings.
- Broken or uneven floor tiles or paving slabs.
- Exposed electrical cables.
- Cluttered walkways and storage areas.
- Cluttered kitchen floor areas.
- Poorly lit areas especially in the stair wells.
- Wrong lift positioning – Often when a lift stops at a floor, it isn’t always in line with the floor level which could result on someone tripping into or out of the lift. Or, the unexpected step down, even if only small, could cause someone to jar their back or joints.
- Loose support railing – If the railing hasn’t been maintained correctly, it could become loose or collapse whilst someone is holding on for support, causing them to then fall down resulting in injury.
These are just a number of ways in which accidents resulting in injury commonly happen due to slips, trips and falls, but there are many more possible causes for hotel accident claims. The Hotelier has a duty of care in accordance with the Health and Safety at Work Act 1974 and the Occupiers Liability Act 1957 to provide a safe environment at all times for its staff and occupants, and so health and safety policies and procedures should be in place to cater for all of the potential accidents that could happen. Failure to have these in place, or properly train staff to adhere to them, could result in a personal injury claim being brought against them if someone becomes injured due to their negligence of their legal obligations and responsibilities to their staff and visitors.
The hotel have a legal responsibility to maintain the health, safety as well as the welfare of all members of their staff under the rules, regulations and guidelines set out in the Health and Safety at Work ect Act 1974. They are also expected to provide a safe working environment for any persons entering their premises including agency staff as well as their own.
If a member of staff or agency worker is injured due to an accident at the hotel that was not their fault, but the fault of the hotel, then they have the same rights as a guest would to make a claim for compensation. Their claim, however, may take the route of making an accident at work claim.
If you have been injured whilst working in a hotel and are unsure as to what you need to do next in order to start your claim, contact Legal Helpline for help and guidance on this matter.
There are a number of items that need to be considered and included when making a compensation claim that then add up to a final settlement amount. Things to include in your claim are:
- General Damages – These cover the physical and psychological aspects of your claim. They are based on the severity of your injury, it’s effects both physically and mentally, the level of pain and suffering experienced, the longevity of the injury and its effects and future prognosis. Largely speaking, the more severe the injury, the higher the hotel injury settlements.
- Special Damages – These make up the financial aspects of your claim and include:
- Medical Costs – Any medical treatments you have oaid for, counselling, prescriptions costs etc. can be included in your claim.
- Travel Costs – Any expenses incurred as a direct result of your injury should be included. As well as fuel, parking or public transport costs, you can also include costs that you may have had due to needing vehicle adaptions to be made or the costs of purchasing a disability vehicle.
- Care Claim – If you have needed help since your injury, the person helping you can make a claim.
- Accommodation fees – If you are unable to travel home due to your injuries, accommodation fees can be included.
- Childcare costs.
- Loss of Earnings – these include not only actual earnings lost but also potential future earnings you may yet lose because of your injury.
Basically, any costs that have been incurred as a direct result of your injury should be included in your claim, therefore it is really important you keep receipts and any documentation that proves your finances have been affected due to your injury.
As you can probably tell, due to the many variables that make up the final settlement amount in any compensation claim, we could never give an exact figure of what you may receive as compensation as every case is different and unique in its content. However, we can show you some average compensation amounts awarded for some of the injuries commonly associated with hotel accident claims.
|Reason for Compensation||Average Award Amount||Comments|
|Mental Anguish||Up to £4,100||For fear of impending death and reduced expectation of life.|
|Pain and Suffering||Up to £500,000||The compensation given will depend on the level of the pain and suffering experienced with the most suffering receiving the higher award amount.|
|Minor Neck Injury||£2,150 - £6,920||Soft tissue injuries where full recovery is expected within 2 years.|
|Moderate Neck Injury||£6,920 - £33,750||Soft tissue injuries and fractures and breaks that may require surgery. Also pre-existing problems may have been accelerated.|
|Severe Neck Injury||£33,750 - £130,060||Serious fractures and damage to the discs. Surgery will be required. Sometimes paralysis occurs.|
|Minor Back Injury||£2,150 - £10,970||This includes soft tissue injuries, prolapse discs and sprains and strains. Full recovery expected within 5 years.|
|Moderate Back Injury||£10,970 - £34,000||Fractures and breaks, disc damage and soft tissue injuries. Corrective surgery may be required. On- going pain and discomfort with reduced mobility.|
|Severe Back Injury||£34,000 -£141,150||Severe spinal trauma, fractures and breaks requiring surgery. Permanent soft tissue and disc damage. Possible paralysis, certainly reduce mobility.|
|Minor - Moderate Shoulder Injury||£2,150 - £11,200||Soft tissue injuries with full recovery expected, to fractures and breaks, or frozen shoulder causing reduced and difficult mobility.|
|Moderate Severe Shoulder Injury||£11,200 - £42,110||Complicated fractures and / or dislocations requiring surgery, permanent reduced mobility and on-going pain and discomfort.|
|Minor Severe Wrist Injuries||£3,090 - £52,490||Simple fractures and soft tissue injuries with expected full recovery, to severe injuries causing loss of function of the wrist permanently.|
|Loss of Earnings||£10,000 - £400,000||The amount awarded will depend on the claimants current paygrade.|
|Minor Injuries||Up to £600||Full recovery expected within 7 days.|
|Minor Injuries||£600 - £1,200||Full recovery expected within 28 days.|
|Minor Injuries||£1,200 -£2,150||Full recovery expected within 3 months.|
Call Legal Helpline today to discuss your own individual casein more detail.
Before actually starting your claim, there are a number of steps you should take that can be the starting building blocks to your case. These steps are:
- Medical assistance – If you haven’t already, seek medical attention so that your injury can be thoroughly assessed and any necessary treatment can be received. Although this is important to do for the sake of your health, it also mean that a medical report will be written documenting your injury diagnosis, treatment and prognosis which can be used as evidence.
- Photos – If possible, take photos of where and how the accident took place, this will help to prove liability. Also take photos of your injury to give visual evidence of your pain and suffering.
- Accident Record – Make sure your accident is recorded correctly in the accident record book and ask for a copy.
- Expenses – Keep receipts for any out of pocket expenses incurred such as medical and travel costs that are as a direct result of your injury.
- Diary – Keep a note of everything that you can remember regarding your accident including the moment prior to when it happened. Also note down thoughts and feelings including pain levels that you have since being injured. This helps to document the pain, suffering and distress you are experiencing.
- Witnesses – Try to gather any witness contact details as a statement may be required at a later date.
Once you have done as many as the above as you can, and you feel ready, contact a reputable Claims Management company, such as Legal Helpline, for help and advice on your next steps.
If you contact us at Legal Helpline, you will be offered a free, no obligation consultancy session where you can discuss your case with an experienced expert. During this session, you can freely ask any questions you may have regarding making a hotel accident claim, and we will use the time to gather all the facts from you surrounding your case. If we feel you have a legitimate case, we will most likely offer to take your case on for you on your behalf on a no win no fee basis. If you’re in agreement, we will then set to work on your case instantly, gathering more evidence and other facts that will enable us to build you a strong and successful claims case.
We may also offer you a free local medical if we feel this could be of benefit.
As mentioned above, we offer a no win no fee service. This means that if we take on your case for you, but do not win, you will not have to pay us anything at all for our legal costs. If we win however, we simply take a small percentage of your settlement amount.
There are a number of benefits to hiring a no win no fee solicitor such as:
- No upfront costs – Many people simply just don’t have the money to pay legal costs upfront especially if they have lost income due to their injury. With no win no fee, there are no upfront costs to worry about.
- No financial gamble – If you were to go with a pay by the hour solicitor, you chance paying them their legal fees for several months only for them to lose your claim, possibly leaving you in financial ruin. With no win no fee, our legal costs are paid only if we win and come out of the settlement as a small percentage therefore leaving your current finances untouched.
- Quality of service is better – The outcome of your case directly impacts the person working on your claim, therefore giving them extra incentive to work hard on your case and get the best possible outcome that they can for you, and so you can rest assured that your case will get the attention it requires to be successful.
Essentially, our no win no fee service offers everyone a fair opportunity to claim for the compensation that they are entitled to without the worry of financial risks.
Legal Helpline is an honest, hard- working, no nonsense and reliable legal team of personal injury claims specialists that have a track record of making successful hotel injury claims.
The panel of solicitors we work with have been in the industry for many, many years and have a wealth of knowledge and experience in personal injury claims. We offer a brilliant service with perks such as our free consultancy sessions, ability to arrange a free local medical, and our no win no fee service to name a few.
We genuinely care about our clients and treat each one with the respect and dignity and we believe deeply in getting them the justice they deserve for the pain and suffering they have experienced. We always put in 100% effort when working on a claims case and keep our clients informed every step of the way.
If you choose Legal Helpline as your legal representative for a hotel accident claim, you can rest assure that you will be in safe hands and your case will get the attention it needs for the best possible outcome.
Call Legal Helpline today on 0161 696 9685 to get you hotel injury claim underway. Your call will be answered by a member of our team that will attempt to help you in the best way that they can.
Have you been injured in a hotel while on holiday abroad? If so this guide provides advice on claiming compensation for holiday accidents abroad.
Governments regulations and guidelines on the responsibilities of the travel industries when selling and providing package holidays.
NHS guide on what to do if you suspect you have food poisoning.