Holidaymaker injured in slip and fall at hotel resort | Henry Carus + Associates

Share:

We have received multiple enquiries from people who were injured in hotel rooms or on the premises of a hotel. If you or someone you love has experienced this same situation, you owe it to yourself to explore your entitlement to hotel injury compensation as soon as possible.

At Henry Carus + Associates, we specialise in all types of public liability claims. That is, claims for injuries sustained through no fault of your own in a public place, including at:

Hotels
Motels
Resorts
Holiday Homes
- Excluding Airbnb, as hosts have separate cover known as host liability insurance if a guest is injured on the property.
Caravan/Holiday Parks
- These typically include permanent residents who may be at risk of injury due to poor maintenance.

Wondering what you need to do if you were injured at a hotel? Henry Carus + Associates can help you protect your right to hotel injury compensation while you focus on your recovery. Call 03 9001 1318 today for a FREE, no-obligation consultation. Our lawyers serve clients in and around the Melbourne metro area and throughout the holiday attraction state of Victoria.

Steps to Take After Being Injured at a Hotel

Getting hurt is one of the last things on your mind when you’re on holiday. If the worst happens, that dream getaway can turn into a nightmare. This is especially true if you’re travelling to Victoria from outside the state—or the country.

If you have been injured in a hotel, motel, or other accommodation, the following steps can help you safeguard your legal rights:

1. Get Medical Attention

Call 000 (Australia’s emergency services line) or go to a nearby medical facility for treatment of your injuries. You should also request police attendance if you are the victim of a crime.

2. Take Photos

Using your mobile or a digital camera, take photos of the premises where the accident occurred. Important details to capture include unsafe conditions on the property, the presence of warning signs (or lack thereof), and more. You should also take pictures of your injuries.

3. Speak to Witnesses

If employees, guests, or other bystanders saw you get hurt, be sure to ask for their names and contact information. Witness testimony can provide essential support for your claim.

4. Notify the Hotel Management

Reporting the incident to the owner or manager creates an official record. This will make it harder for the hotel’s operator and/or the insurance company to dispute liability for your injuries. However, be careful in completing any incident report—best to speak to one of our lawyers before doing so.

5. Seek Legal Counsel

Don’t wait till you get home to talk to a lawyer, especially if you live outside of Victoria or are visiting from another country. You need to hire a personal injury lawyer in the city or state where you were injured. Retaining local counsel is essential for preserving your rights and obtaining the maximum compensation you deserve due to their superior knowledge of local legislation.

At Henry Carus + Associates, we recognise how frightening it is to be injured when you’re far from home. Some travellers don’t speak English, making it extremely difficult to obtain legal support and guidance. Team members at our firm speak more than a dozen different languages. This, combined with our unparalleled knowledge of personal injury and public liability law, enable us to provide the most effective representation in hotel injury compensation claims.

Contact Henry Carus + Associates Today.

What Kinds of Evidence Do I Need?

Like other public liability matters, hotel injury claims are governed by the Wrongs Act 1958. This is Victoria’s personal injury statute. Claims brought under the Wrongs Act must establish negligence on the part of the occupier (i.e., the owner or manager) responsible for the premises.

‘An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that any person on the premises will not be injured or damaged by reason of the state of the premises or of things done or omitted to be done in relation to the state of the premises.’

– Wrongs Act 1958 – Sect 14B

Multiple forms of evidence can help support a claim of negligence against the owner or operator of a hotel, motel, or other accommodation. These include:

Photos of the premises
Eyewitness accounts
Video footage of the incident (if available)
Copies of the incident report from the hotel operator, the authorities, etc.
Medical records
Expert witness testimony

You will also need evidence of the effects of the injury. This may include medical bills, receipts and invoices for expenses you pay out of pocket (such as medications, assistive equipment and devices, etc.), records showing your loss of earnings, etc. Keeping detailed notes about your recovery and any limitations or disability you face can be helpful as well—particularly if you suffered a serious injury.

Can I Get Compensation From a Hotel?

Yes, if you were injured in a hotel room or on the premises as a result of someone else’s negligence, you may be entitled to compensation. Hotel injury compensation is generally paid through the accommodation’s public liability cover.

Examples of situations where an injured guest may be entitled to compensation from a hotel or motel include:

Slip and fall accidents on pool decks, tile floors, and other surfaces
Trip and fall accidents on broken pavements, loose or torn carpeting, objects in walkways, etc.
Falling tree branches and objects falling from walls, ceilings, and heights
Drowning, diving injuries, and other swimming pool accidents
Burns, electrocutions, and other injuries caused by defective products or building structures
Negligent security resulting in physical or sexual assault by an employee or guest
Balcony collapses
Foodborne illnesses
Transport accidents in car parks and on private roadways
Injuries caused by intoxicated guests or patrons

These and other incidents can be serious, potentially resulting in brain injuries, spinal injuries, and other types of life-altering harm. A knowledgeable lawyer can hold the operator of the hotel accountable and fight for the maximum compensation you deserve.

The Effects of Intoxication on Public Liability

Alcohol has a negative effect on judgement. Some holidaymakers suffer injury in or around hotels, motels, and resorts because they consume excess alcohol and/or engage in unlawful activity (such as trespassing).

In a public liability claim, the Wrongs Act states that a court must consider intoxication or illegal activity on the part of the plaintiff when determining whether the defendant was negligent. This may affect the entitlement to compensation for a hotel injury.

You should not assume that you are barred from recovering damages if you drank alcohol prior to being injured. An experienced lawyer will evaluate the evidence and be prepared to dispute assertions by the hotel operator that you were at fault due to intoxication, illegal activities, etc.

In fact, where an occupier can anticipate that patrons will be intoxicated, one can fairly say that extra steps are needed to make the premises safe.

Even if alcohol consumption was a factor, you may still be entitled to compensation for your injuries. The principle of contributory negligence allows for the recovery of partial damages in personal injury matters where the claimant is partly at fault.

What Compensation Can I Claim?

Nobody expects to be injured in a hotel or motel. These injuries can have long-term—even permanent—repercussions on your health, finances, ability to work, and more. If you believe the hotel operator’s negligence caused your injury, it is important to account for all of your losses—now and in the future.

The compensation you may be owed for a hotel or motel injury includes:

Medical expenses (current and future)
The cost of supports and services to aid in your recovery
Out-of-pocket expenses for medical-related travel
Lost earnings to date
The loss of future earnings and earning capacity
Pain and suffering
Loss of enjoyment of life

At Henry Carus + Associates, our philosophy is You Deserve More. This refers not only to pursuing all of the damages our clients are owed but providing the highest standard of professional and personal care based on their unique circumstances.

Contact a Hotel Injury Claims Lawyer Today

Everybody should be able to feel safe when they’re on holiday. Whether you’ve travelled within Victoria, from across Australia, or from a different country entirely, you have the right to safety and security within your accommodation.

If you or someone you love has been injured in a hotel, motel, resort, holiday home, or caravan or holiday park, it is crucial to seek legal guidance as soon as possible. Henry Carus + Associates serves clients in Melbourne and throughout Victoria. We provide legal service in your preferred language and fight to obtain the full hotel injury compensation you deserve.

Call Henry Carus + Associates at 03 9001 1318 to discuss your claim. Your initial consultation is FREE, and you pay no fees until we win.