How to Sue a Hotel for Negligence in Florida
Your Rights to Financial Compensation After Being Injured in a FL Hotel
Florida is a vacation destination for people all across the country. Millions and millions of people visit our state every year, whether on business or for fun in the sun.
It’s almost mind-boggling to consider how many hotels operate in our state, especially in bigger cities like Miami, Fort Lauderdale, Orlando, and Tampa, as well as vacation hot spots like West Palm Beach and the Florida Keys.
Unfortunately, some hotels aren’t as responsible as others. For that matter, even five-star hotels have been known to let safety slip through the cracks.
Hotel injuries are not uncommon in Florida. Indeed, as Miami hotel injury attorneys, we have seen countless stories of innocent travelers who suffer costly inconvenience or terrible injuries through no fault of their own.
If you’ve been injured while traveling in Florida, you might be wondering how to sue a hotel for negligence — and whether you have a case for financial compensation. Let’s take a look at the law.
Understanding Florida Premises Liability: The Law on Hotels and Negligence
Premises liability is the area of law concerning a property owner’s legal duties toward to their visitors, customers, invitees, and even trespassers.
Generally speaking, Florida hotel owners have a duty to maintain their property in a reasonably safe, secure, and habitable condition. If the hotel breaches that duty, it can be held liable for any injuries that happen as a result.
This duty extends to providing adequate security. Hotels have a duty to keep their guests safe from aggressors, criminals, and other sources of harm. Failure to take reasonable security precautions and maintain them regularly is called negligent security.
If you are injured on hotel property in Florida and the hotel’s negligence (i.e. careless, unreasonable, irresponsible, or unlawful action/inaction) or negligent security is at least partially to blame, you may be entitled to financial compensation. In some cases, the value of that compensation can be substantial.
Similar rules apply to most kinds of accommodations in Florida, including (but not necessarily limited to):
- Bed and breakfasts
- Airbnb rentals
- Suites / Long-term stays
- Rental houses, apartments, or condos
- Farm stay / ranch stay
Notably, you may be able to sue a hotel for negligence in Florida even if you weren’t staying there as a guest. For example, if you were injured while visiting a friend at the hotel, or while asking a question at the front desk, you may still have a claim.
If you aren’t sure how the law might apply to your claim, we encourage you to call our Miami hotel injury attorneys and ask.
Common Examples of Injuries Caused by Hotel Negligence
Hotel guests bring personal injury claims against hotel owners and managers for a wide range of reasons. Common examples include:
- Slip and fall / tripping accidents
- Falls caused by broken railing, defective staircases, etc.
- Elevator accidents
- Swimming pool injuries / drowning accidents
- Fire or burn injuries
- Defective smoke detectors or carbon monoxide detectors
- Food poisoning
- Bacterial infection
- Exposure to dangerous chemicals, drugs, toxic mold, or other substances
- Bed bug infestation or injury
- Theft or robbery due to inadequate security
- Assault due to inadequate security
- Animal attacks
- Being struck by luggage carts or other hotel equipment / machinery
- Failure to warn guests about potential hazards or dangers
- Invasion of privacy
- Personal property damage / loss
These are only a few examples. Hotel accidents and injuries take many forms.
Whether a hotel’s actions (or lack thereof) constitute negligence under Florida premises liability law will depend on the specific facts and circumstances. The Miami hotel injury attorneys at Kaire & Heffernan, LLC can help.
Examples of Negligent Security by a Hotel
Generally speaking, a claim for negligent security may be based on deficiencies in any of the following (as examples):
- Door locks / peepholes
- Kick plates for doors
- Window locks
- Security systems
- Video surveillance
- The hiring, training, and supervising of hotel staff
- Parking garage safety
- Security signage & notices
- The hotel’s response to safety concerns they knew about (or should have known about)
I Was Injured in a Florida Hotel, But I Don’t Live in Florida. Where Should I Hire a Lawyer?
Many Florida hotel injury claims come from non-Florida residents who were traveling here from out of town. But Floridians travel within their own state too.
Whether you live in Florida or not, if your injury happened at a hotel located in the state of Florida, you should seek representation from an attorney licensed to practice law in the state of Florida. Even if you aren’t a resident here, your claim will be subject to the rules of Florida premises liability law.
As Miami hotel injury lawyers, much of our work is focused on property injuries that happen in South Florida and the Miami metro area. However, we do work with clients all across the state of Florida — including Orlando, Lake Buena Vista, Kissimmee, Tampa, Jacksonville, Fort Myers, Naples, Tallahassee, Pensacola, St. Augustine, Key West, and beyond.
We have extensive experience in matters of hotel liability, and our practice is dedicated to helping injured people stand up to hotels and other big businesses.
It isn’t uncommon for an insurance company to get involved in these matters. Our office has the experience and resources it takes to build a persuasive and aggressive claim against even the most powerful insurance companies.
You Don’t Pay Unless We Get You Money. Schedule a Free Consultation Today.
The most effective way to sue a hotel for negligence is to hire an experienced lawyer who can represent your interests and fight to maximize your compensation throughout the complex claims process. Don’t make the mistake of trying to take on a commercial property owner, hospitality company, or insurance corporation on your own.
If you or your loved one has been injured or killed on Florida hospitality or tourism property and you are wondering how to sue a hotel for negligence, we encourage you to contact Kaire & Heffernan, LLC for a free consultation right away.
In any injury case, we will not charge for our services unless and until we get you money.
Time limits do apply to Florida hotel negligence claims, so please don’t delay. Our firm is committed to fighting aggressively to maximize our clients’ financial recovery. Schedule a free consultation with the Miami hotel injury attorneys at Kaire & Heffernan, LLC right away.
Mark Kaire has been practicing law in Miami for nearly 30 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for many years.