Georgia’s premises liability laws require apartment owners and store operators must take reasonable precautions to ensure the safety of their property. These include having security measures to prevent the commission of third-party criminal activities on apartment buildings, such as sexual assaults, robberies, murders, rapes, and other violent crimes. Hotel owners who don't uphold their duties to offer adequate security are responsible if anyone is injured because of this negligence. An experienced Atlanta hotel injury lawyer can help you determine if you have a claim worth pursuing.
While property owners aren’t legally responsible for any bodily harm resulting from a third-party crime that occurs on their premises, victims are entitled to financial compensation if they can prove that adequate security practices would have deterred the criminal activity and any injuries.
Examples of negligent security at hotels include:
- Insufficient lighting
- No surveillance cameras
- Improperly placed or broken security cameras
- Failure to keep windows, doors, gates, fences—and their locks—in good working condition
- Failure to hire enough security personnel
- Failure to train security guards adequately and other crime-deterrent personnel
Sometimes, Georgia courts have established that criminal activities were foreseeable because of a history of similar crimes on-site, or in the area, a property’s location in a high-crime neighborhood, or a volatile instance that escalated because of a lack of sufficient security protocols. If you or a loved one were the victim of a third-party violent crime at a Georgia hotel, convenience store, shopping center, or grocery store and sustained a severe injury and other financial losses as a result, an experienced premise liability lawyer can help you establish if you have grounds to pursue a premises liability claim. Contact an experienced personal injury lawyer at Marks Law Group today at (678) 251-9309 for help with your personal injury claim.
What are the Common Causes of Hotel and Resort Injuries in Georgia?
Here are some of the most common injuries that occur at hotels or resorts. You should know these types of bodily injuries and their associated risks. This can help you try to avoid any dangerous situations or dangerous conditions.
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Slip and fall injuries. These are the most common types of hotel and resort injuries and they occur because of slip and fall accidents. When you check into your resort or hotel, you expect the surfaces you walk on to be safe. The unsafe condition can cause catastrophic slip and fall accidents, some of which could be caused by negligence by the hotel or spa staff or management. Some of the more common hazardous conditions include uneven surfaces or cracks, inadequate lighting, torn carpets, debris on walkways, liquid spills, and stairs without handrails. Accidental injuries from slip and fall accidents can range from mild to life-threatening. Sprains, bone fractures, internal bleeding, spinal cord injuries, neck injuries, and traumatic brain injury are common in these types of situations.
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Beach or pool incidents. The spa, swimming pools, the beach, and other water features can often be the primary attraction for a resort or hotel. However, these water features are incredibly dangerous. These features require due diligence and constant maintenance. Even in the best condition, you can easily slip or fall. Maybe the surface wasn't maintained properly, or the surface was improperly designed. When the perimeter area is too smooth, hotel guests can easily slip and fall.
- Bed bugs. These are small parasites that live on couches or mattresses. Bed bugs are oval-shaped and they feed on blood. A bed bug bite injury can cause you to develop small blisters on your skin. You may also carry bed bugs home in your clothes and suitcase. If they get into your home, they could be costly to eradicate.
- Food Poisoning. Many hotels and resorts have bars and restaurants that serve food and drinks. If the hotel establishment doesn't follow health regulations properly, hotel guests can get sick. Some things to be aware of are undercooked meat, unrefrigerated food, improperly cleaned utensils, or unsanitary conditions.
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- Burns. Often, we use water when we stay overnight at a property. We expect good water pressure and a hot shower. However, there are scenarios where hot water can cause burns. If the hotel's hot water temperature is not properly regulated or the thermostat is set too high, you can easily be burned. Burns from scalding water may require extensive medical treatment, pain, and can cause permanent damage, including scarring. Other unsafe conditions that can cause catastrophic injuries include defective electronics, defective kitchen equipment, or malfunctioning spa or pool amenities.
- Burglary, sexual assault, and other crimes. After checking into your hotel room or resort and you're in relaxation mode, you may let your guard down. You're out of your routine and you may find yourself in unfamiliar territory. Unfortunately, tourists are easy targets for burglary, sexual assault, rape, murder, and other crimes. A hotel or resort owner has a duty to provide a certain level of safety of guests. Not doing so can lead to catastrophic injuries and emotional distress.
When Filing a Personal Injury Claim Against a Hotel or Resort is Duty of Care Required?
Every hotel owes all its guests the duty of care. That means that the hotel must exercise reasonable care to operate and maintain its premises to protect all its guests. This duty of care further means that the hotel should frequently ensure its premises are in a safe condition. This may mean that the hotel has to make necessary repairs frequently, inspect the premises, and take appropriate action when needed.
For instance, if a server in a hotel accidentally breaks a cup on the ground, the hotel management must respond swiftly to ensure all patrons are safe, direct foot traffic away from the broken glass, and work to ensure the area is safe as quickly as possible. The duty of care also extends to hiring well-trained hotel or resort staff.
If you believe you have been injured because of poor security or unsafe environment at your hotel or resort or because of the action, or inaction, of hotel management or hotel employee, you can hold them responsible. Typically, you must prove that the hotel was negligent. To prove negligence, you must establish the following elements:
- Prove someone owed you a duty of care
- Prove their action or inaction led to a breach of that duty of care
- Prove that breach of duty of care is the direct result or cause of your physical harm
- Prove that you sustained actual bodily harm as a result of the breach
Contact our Atlanta Hotel Injury Lawyers Today for Legal Representation!
If you suffered catastrophic injuries because of a hotel or motel’s negligence, you can file a premises liability claim to recover the financial compensation you deserve. The Marks Law Group has helped accident victims across Fulton County, Clayton County, DeKalb County, Gwinnett County, Cobb County, and throughout Georgia recover the financial damages they deserve and we can help you too.
Whether you suffered poisoning, were hurt in a slip and fall, or were attacked because of inadequate security, you have limited time to file a personal injury claim. Contact our Decatur personal injury law firm today at (678) 251-9309 to schedule a no-cost initial consultation.