The Legal Duty Owed to Guests in Florida Hotels

The legal concept of premises liability allows injured plaintiffs to hold property owners accountable for their failure to use reasonable care in keeping their premises safe for visitors. While most people associate this legal concept with slip and fall accidents in grocery stores and other public places, the reality is that many of the most serious injuries sustained by visitors occur on hotel property. Fortunately, hotel owners and managers in Florida are required by law to take reasonable care to ensure that guests do not suffer from the loss or destruction of their property, or sustain an injury while on their premises. When this duty is breached, injured guests can hold the hotel liable by pursuing a legal claim in court. To find out more about holding hotel management accountable for their own failure to use reasonable care during your own visit, please contact a member of our dedicated premises liability legal team today.

Duty of Care

The duty of care that a hotel must use when dealing with guests is similar to what others owe a person when inviting him or her onto their property. Known as business invitees, those who are invited onto the property of another for business purposes are owed the highest duty of care from the property owner. However, more than just the property’s owner or management personnel are required to use this level of care. Instead, the entire establishment, including employees, vendors, third party employees, and part-time workers are required to ensure the protection of guests. These protections involve taking steps to prevent physical harm to visitors, as well as taking reasonable precautions to prevent damage to a guest’s property. Other duties extent to the health of visitors, which includes taking reasonable measures to ensure that no other guests, or even pests, such as bed bugs, harm a visitor.

Physical Well-Being

Of the many duties owed to hotel guests, the duty to ensure that guests are kept physically safe is one of the most important and includes everything from making sure that the building and grounds are carefully maintained to keeping the premises free of pests. Hotels must also take steps to warn visitors of the dangers of any known hazards, such as swimming pools or areas that are under construction and to repair any dangers before they can cause injury.

Regular health inspections are mandatory for hotels and go a long way towards ensuring that hotel management and staff are living up to these requirements. Unfortunately, it is not uncommon for hotels to shirk these duties, for which they can be held liable in court. Possible damages include compensation for property damage, medical bills, emotional distress, lost wages, and in some cases, pain and suffering.

Contact Our Premises Liability Legal Team Today

For help holding a hotel accountable for its failure to ensure your own safety or the safety of a loved one, please call 954-566-9919 and a member of our dedicated legal team will help you schedule a free case evaluation with one of the experienced Fort Lauderdale premises liability attorneys at Boone & Davis today.

Resources:

floridasupremecourt.org/civ_jury_instructions/2010/500/501(2).rtf

floridabar.org/news/tfb-journal/?durl=/divcom/jn/jnjournal01.nsf/Author/F5EDDA415D032B218525767E0071DA90