
You may have booked a hotel stay to unwind and take a break from the hustle and bustle of your everyday life. But most unfortunately, your vacation getaway may have the opposite effect if you accidentally get hurt during your stay. You may feel at a loss after this, but you must not forget that legal action might be an option. And so, please read on to discover whether you have grounds to sue after a hotel accident and how a seasoned Passaic County slip and fall accident lawyer at the Law Offices of August R. Soltis can help you file your claim.
Do I have grounds to sue after a hotel accident?
Sadly, a hotel property may not be as safe as you initially assume, and there are many possible ways in which you might slip and fall. For example, the hallways may have dim or missing light fixtures that make it difficult to identify any hazards (i.e., lifted carpeting) or obstructions (i.e., trash, laundry bags, luggage carts, room service carts, etc.) in your walking path. Or, the elevators may have malfunctioned, and you are forced to use a stairway with missing steps or loose handrails.
In any event, you may have grounds to sue a property owner or hotel manager after your slip and fall accident if the following elements are true:
- An owner or manager had a duty of care in keeping the premises free of any potentially hazardous conditions.
- An owner or manager failed to identify a hazard and remove or repair it within a reasonable timeframe.
- You encountered a hazard with no reasonable way to avoid it or identify it beforehand.
- You got injured after encountering a hazard and are still suffering from damages.
How do I go about suing after a hotel accident?
You likely stayed at a hotel located in a different state from where you reside. With this, you may have trouble identifying which state civil court to file your slip and fall accident claim with. The short answer is that you must file in the state where the hotel property is. This is because the defendant, the negligent property owner or hotel manager, is held to this state’s rules and regulations.
So, if your slip and fall accident took place in a New Jersey hotel, your statute of limitations is two years. Meaning, two years from the accident date or the date you reasonably discovered your incurred injuries. If elsewhere, you may be held to a different deadline, so doing thorough research is in your best interest.
Lastly, we cannot conclude this blog without emphasizing the importance of not signing any document provided by a property owner or hotel manager immediately following your slip and fall. This is because you may be entering an agreement that essentially waives your right to sue, in exchange for a complimentary room upgrade, bill refund, or any alternative form of compensation.
If you are ready to take this monumental step forward, please seek the guidance of a competent Passaic County personal injury lawyer from the Law Offices of August R. Soltis. We look forward to working with you.
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