When you stay at a hotel, you expect to have a pleasant time. However, accidents do happen, and many are injured at hotels through no fault of their own. Hotel staff owe a duty of care to you, and if a breach in this duty leads to you suffering an injury, you may be entitled to make a compensation claim.

Making a hotel accident claim

Anyone who has sustained an injury in a hotel due to someone else’s negligence may be able to make a hotel accident claim, whether you are a guest of the hotel or a member of staff. Be sure to consider the following before making a hotel accident claim:

• What or who was the cause of the accident? You need to establish who was responsible for the accident. You need to be able to demonstrate that the hotel was at fault and why they were to blame.
• Seek medical attention for your injuries. It is important to see a doctor who can provide you with the correct treatment for your injuries. This will also help in strengthening your case with medical evidence.
• The date of the accident is another important factor to consider. There are strict time limits which stipulate that you must bring a hotel accident claim within three years of the date of the accident.

The owner of the hotel in question has a duty to you to provide a safe and suitable environment for you, irrespective of whether you are a guest or a member of staff. However, if you are a member of staff who has been injured while working in the hotel, please see our guide on accidents at work.

Even if your accident took place at a hotel which is abroad, we could still assist you in your claim.

Types of Hotel Accidents

There are a number of different types of accidents which can happen in Hotels, including:

• The hotel’s failure to clean or maintain an area of the hotel can result in slips, trips and falls in many areas of the hotel. These types of injuries can have long term effect and range in severity. Slips, trips and falls can happen for numerous reasons which do not always include the simple task of cleaning, maintaining or wet floors in the area where the accident was caused.
• Injuries may be caused by defective equipment or furniture in the hotel room.
• Food poisoning is a common illness which is regularly inflicted upon guests in hotels which serve food. This is also an issue which can vary greatly in severity. It is the hotel’s responsibility to serve you food which is hygienic and properly prepared, and thus, the hotel will have failed their duty by serving food which has caused food poisoning.
• Lack of security within a hotel which may lead to theft or assault can also be an issue in hotels. If you have been involved in an assault or had your property stolen or damaged, then you may be entitled to a claim for compensation also.
• Bed bug infestations can happen due to poor hygiene and lack of regular room inspections at the hotel. Bed bugs cause itchy, red bites on a person who has been exposed to them and these bites could potentially become infected or cause scarring.
• Accidents and injuries are commonly caused by poorly maintained lifts or escalators in hotels.
• A number of accidents in hotels may occur in and around swimming pools. Many injuries have been sustained due to the area around the pool or the swimming pool itself not being maintained or cleaned properly.
• Burns and scald accidents occur in hotels due to very hot food or drinks being served or being spilt. They can also be caused by issues with hot water taps in hotel rooms.
• Negligent beauty treatment within spas and beauty parlours in a hotel may also lead to injuries.

If you have sustained an injury in a hotel accident which has not been listed above, you may still have grounds to make a hotel accident claim. Get in touch with Beacon Law to find out if we think you have a case.

What should you do after suffering an accident at a hotel?

As stated above, it is important that you seek medical attention as soon as possible. As well as obtaining treatment for your injuries, your attendance notes may be required as evidence for your hotel accident claim.

If your stay was booked as part of a package holiday you should also report the accident to your tour operator.

Try to obtain as evidence to prove that the incident occurred as you have alleged. If possible, take photographs of the scene of the accident and obtain contact details of anyone who witnessed the incident. Also, keep proof of any expenses which you may have incurred as a result of the accident.

You should then contact legal experts, such as Beacon Law for specific advice on making a personal injury claim for a hotel accident injury.

How much compensation will you receive?

The level of compensation which you may be entitled to for your hotel injury claim will depend mainly on the level of injury sustained.

Injury compensation is referred to as General Damages. This is the amount of compensation you will receive for your pain, suffering and loss of amenity. The figure is based on the severity and the impact the injury has had on your life or will continue to have on your future.

You can also claim damages in relation to your financial loss as a result of the accident. This type of compensation is known as Special Damages and can include loss of earnings, travel expenses, prescription costs, costs of any private medical treatment and subsequent medical bills you have accrued.

We can provide a more accurate figure of the level of compensation you could be entitled to by discussing the circumstances of the accident and the level of injury sustained. In most circumstances, we will be unable to provide a valuation for your injuries until you have been assessed by an independent medical expert who will provide a medical report on your injuries.

Will you have to pay to make a hotel accident claim?

At Beacon Law, we provide personal injury claims on a ‘no win no fee’ basis, also known as conditional fee agreement. This no win no fee agreement means that you will not be required to pay our fees if your claim is unsuccessful. Our fees will be deducted from your compensation on the conclusion of your case if your claim is successful.

The only requirement for this agreement is that you cooperate with us throughout the process of your claim and that you are honest with us.

The process for making a hotel accident claim

The claims process begins when you seek advice from Beacon Law. Initially, we will provide a free, no-obligation consultation whereby we can discuss your accident and injury in detail and can assess the merits of bringing a claim and the likelihood that it will succeed.

Following this consultation, we will provide you with the documents you need to complete in order for us to represent you in your claim. We will then notify the hotel that a claim is being brought by yourself, providing details of your accident and injury.

We will then assist you in collecting as much evidence as possible to strengthen your case. This will include evidence on your stay with the hotel and medical evidence. We may need to obtain your GP and medical records to provide evidence of your attendance and treatment following the accident.

We will ensure that the hotel discloses any documents which they may have in relation to your accident.

We will locate a suitable, independent medial expert who can assess your injuries and provide a report of their findings. We will arrange the appointment for you and deal with the medical expert directly to ensure we receive a report in a timely manner.

We will liaise with the hotel directly so you will not have to speak to them. We will ensure that we deal with any technical legal issues which may arise and we will negotiate a settlement with the hotel.

The process of making a claim may be lengthy, and in some cases, you will have to attend Court. We will keep you updated throughout the progress of your case.

Why choose Beacon Law?

Beacon Law are a team of specialist lawyers who deal with claims arising from all types of claims, including hotel accident claims, occupiers liability claims and claims for accidents at work. We have assisted numerous clients in obtaining the compensation they deserve.

We are regulated and authorised by the Solicitors Regulation Authority. We aim to make the claims process as hassle-free as possible for you. We will ensure you are kept up to date throughout the progress of your claim, and we will not take any action on your case without first advising you and taking instructions from you on how you wish to proceed.