California Laws Related to Hotel Owner Premises Liability
Like residential and other commercial property owners, hotel owners have a duty reasonable care and keep the property in a safe condition by discovering unsafe conditions and replacing, repairing, or giving adequate warning of a dangerous condition that can cause injury or harm to someone. According to CACI 1001 hotel owners are legally responsible for dangerous and unsafe conditions that they either knew about or should have reasonably known.
According to the California law hotel owners are particularly required:
- To keep walkways free of obstacles
- To mark clearly locations that are potentially dangerous
- To keep guests reasonably safe from criminal activity and violence.
Hotel owners are also liable for the acts of their employees who are acting within the course and scope of their employment in case they create a dangerous or unsafe condition which can cause injury to someone. the hotel owner is presumed to have notice of that condition, by law.
Hotels aren’t legally liable for injuries caused by unforeseeable events.
A hotel can be responsible for failing to protect the visitors and guests from criminal acts in case it fails to provide chain locks, deadbolt locks, peepholes in doors, and other security devices to avoid contact with criminals.
Some Examples of Accidents That Can Occur as a Result of a Hotel Owner’s Negligence:
- Slip-and-fall accidents
- Stairway accidents
- Inadequate security
- Sexual assaults in hotels
- Other accidents and injuries
Causes of hotel injuries include:
- Slippery stairs
- Spills in hotel restaurants
- Unsafe conditions in a swimming pool
- Poorly maintained hotel furniture
- Food poisoning due to contaminated food served
- Improperly installed equipment in a fitness room
- Malfunctioning elevators
- Unsafe equipment in a children’s play area.
- Inadequate security that fails to prevent attacks in hallways or hotel garages.
What Must the Plaintiff Prove in a Premises Liability Claim?
To establish the hotel owner’s negligence in a premises liability claim, the plaintiff must be able to prove the following elements:
- Hotel owner didn’t fulfill his legal obligation to take adequate measures for keeping the premises reasonably safe.
- There was a potentially dangerous situation on the premises, and the hotel owner failed to sufficiently inform the plaintiff about it.
- Plaintiff sustained a personal injury as a result of the negligence or crime at the hotel.
- Plaintiff’s injury was a result of the hotel owner’s negligence
Statute of Limitations for Hotel Accidents in California
In California, a victim has three years to file a premises liability lawsuit against the hotel owner.
Consult our skilled hotel accident attorneys at KAASS LAW to launch an investigation into your claim to maximize your compensation.