Are you looking for information on public liability claims after being injured in a hotel? Staying somewhere as part of a holiday or short trip is supposed to be a pleasure, but if those in charge of running the hotel fail to provide a good level of health and safety, the stay can be ruined. In this case, you may want to learn how to make a hotel accident claim.
This guide will explain the process for making a personal injury compensation claim after an accident in a hotel. Starting with the eligibility criteria, we explain the duty of care in place when you are staying in a hotel. Then, we look at how that can be breached and how the harm caused might entitle you to certain damages.
After this, we explore the type of accidents that could give rise to hotel injury claims. Additionally, we detail the evidence you can use to support the legal action against the liable party. Claiming hotel accident compensation whilst staying abroad is also discussed.
Our final section explains how our solicitors could handle eligible compensation claims against a hotel using a type of No Win No Fee agreement. Read on, or to learn more:
- Call the team to discuss your hotel injury claim on 0800 073 8801
- Contact us online to see if you can claim compensation.
- Or if you have general questions about the personal injury claim process, why not ask live chat a question below?
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Jump To A Section of Our Guide
- What Is A Hotel Accident Claim?
- What Hotel Accidents Could Lead To A Successful Claim?
- How Do I Make A Hotel Accident Claim?
- Can I Claim If I’ve Had A Hotel Accident Abroad?
- How Much Hotel Accident Compensation Could I Receive?
- What Is The Time Limit To Claim Hotel Injury Compensation?
- Can I Make A No Win No Fee Hotel Accident Injury Compensation Claim?
- Learn More About Making A Public Liability Claim
What Is A Hotel Accident Claim?
Any third party who provides a service to the general public owes them a duty of care as detailed under the Occupiers’ Liability Act 1957. This law requires the third party to implement the necessary measures to prevent the public from being harmed on their premises or whilst using their services.
There are limits to the liability that a hotel can have and not every accident is grounds to seek damages. So, for eligible grounds to start a hotel accident claim, it needs to meet three points which are used to define negligence:
- A duty of care was owed to you.
- The hotel in question breached its obligation to your safety.
- As a result, you were harmed.
It’s necessary to prove all three points to move ahead with a public liability claim. If you feel that you can show a hotel’s actions represented a breach of their duty of care to you, and you suffered harm because of this, speak to our advisors about your legal options.
What Hotel Accidents Could Lead To A Successful Claim?
What sort of accidents in a negligent hotel could give rise to a personal injury claim? Some examples:
- The cleaning staff in the hotel left the cable of a vacuum cleaner plugged in on the stairs and a guest tripped and fell suffering a fractured neck.
- Appliances in the rooms are not regularly tested for safety and a guest electrocutes themselves on a faulty kettle.
- The standards of hygiene in the hotel kitchen are poor and a diner suffers either a food allergy or food poisoning. (The Food Safety Act 1990 details the expectations of occupiers in this area).
- The hotel’s fixtures and fittings are in poor repair. A guest suffered a back injury when a faulty bed collapsed.
- No wet floor signs were displayed around the hotel pool or spa areas. This caused a guest to slip and bang their head.
- Fire alarms failed and guests suffered smoke inhalation or burns.
Can I Claim If I’ve Been Stuck In A Hotel Elevator?
It’s possible to suffer significant psychological distress (such as post-traumatic stress disorder) from being trapped in a hotel elevator. If you can prove that it was known that the lift was faulty or it was left unserviced in a way that caused it to malfunction, a claim could be made for your psychological suffering.
There can be many other ways that injury can result from hotel negligence. So to discuss the specifics of your hotel accident claim, speak to our team today.
How Do I Make A Hotel Accident Claim?
Evidence is needed to structure a personal injury claim. You need to collect proof that the hotel’s failure to apply health and safety laws correctly led to causing your injuries. With this in mind, here are some examples of evidence that might help:
- Photos of the injuries and the hazards that created them.
- Eyewitness contact details. These people can be approached for supporting statements once the hotel accident claim is under way.
- Copies of medical records that prove the injuries you suffered.
- Proof of any and all associated financial costs caused by the accident and injury.
- Copies of hotel CCTV that captured the accident.
Another useful action that could strengthen your claim is to see if a personal injury solicitor can help. Our solicitors are experts in advising clients about the proof they can use. Call the advisory team to learn more.
Can I Claim If I’ve Had A Hotel Accident Abroad?
You could have an eligible claim against the holiday provider or a hotel abroad if your stay was booked as part of a package holiday. However, if you suffered an injury abroad and it was not the fault of the hotel or package holiday provider, then your claim may have to be filed in that country. Personal injury laws may vary in other countries, so check with our advisors on the contact number above about your potential claim for injury in a hotel in another country.
How Much Hotel Accident Compensation Could I Receive?
A successful personal injury compensation claim against a negligent hotel can result in an amount made up of two categories of loss called general and special damages.
The physical pain and suffering caused to the person, alongside any psychological harm, is assessed under general damages. In addition to this, the overall negative impact on the person’s life quality and any permanent disability comes under this category of loss.
The legal professionals who calculate amounts (or others involved in valuing claims) for general damages might also use any medical evidence you can put forward to guide their calculations. Also, they often consult publications like the Judicial College Guidelines (JCG). This provides guideline awards based on past successful personal injury cases for various injuries and illnesses.
Importantly, each hotel accident claim varies according to the individual, so the amounts shown are purely illustrative. Our table below is just an excerpt from the JCG, so don’t worry if your injury is not listed. Also, our first entry is not from the JCG:
Compensation Guidelines
| Injury Area | Severity Level | JCG Award Bracket | Details |
|---|---|---|---|
| Cases of severe and multiple injury plus special damages | Severe | Up to £1 million plus | Awards of this size reflect multiple types of harm and the special damages award for loss of employment, care provision and medical costs. |
| Head | (a) Very Severe | £344,150 up to £493,000 | Profound disabilities requiring constant care. |
| (d) Less Severe | £18,700 up to £52,550 | Good recovery but perhaps imperfect restoration of full mental capacity. | |
| Neck | (a) Severe (ii) | £80,240 up to £159,770 | Serious fractures and/or damage to cervical spine discs. |
| Knee | (a) Severe (ii) | £63,610 up to £85,100 | Leg fractures that impact the knee joint causing constant pain. |
| Severe Leg | Serious (iii) | £47,840 up to £66,920 | Serious types of fractures that cause instability and require prolonged treatments. |
| Wrist | (b) Permanent | £29,900 up to £47,810 | Injuries that cause permanent damage to the wrist but leave some useful movement. |
| Psychiatric Harm | (b) Moderately Severe | £23,270 up to £66,920 | Significant coping problems but a recovery is deemed to on the optimistic side, |
| Back | (b) Moderate (ii) | £15,260 up to £33,880 | Disturbed ligaments and muscles as well as soft tissue injuries that speed up or worsen pre-existing conditions. |
| Hand | (h) Moderate | £6,910 up to £16,200 | Cuts, penetration wounds and crush injuries. |
Can I Claim For The Long-Term Impact Of Crush Injuries?
Alongside the head of loss called general damages, any financial loss and expense caused by the hotel accident is valued under special damages. This can include any out-of-pocket costs to you generated by your injuries. You could be reimbursed for the following if you have supporting documents:
- Payslips that prove you couldn’t work after the injury.
- Receipts or bills that prove you had to pay for medical treatments.
- Statements that prove you needed to pay family, friends or professionals for their time spent caring for you.
- Invoices related to essential changes needed in the home or to your car because the injury caused a new disability.
- Proof of travel costs, taxi fares, parking and petrol for essential hospital appointments.
- Damage to personal items like a phone or eyewear.
Why not discuss your claim with our advisors? There could be other expenses that are eligible for inclusion. Or if you have any general questions about making a hotel accident claim, get in touch.
What Is The Time Limit To Claim Hotel Injury Compensation?
Legislation called the Limitation Act 1980, states that an injured person usually has three years from the date of the accident to start a personal injury claim for compensation. However, for certain groups, this standard limit varies. For example:
- A pause applies to anyone seeking a claim under the age of 18. Because a minor cannot launch their own case, the courts will often allow a relative or concerned party to handle the claim on their behalf. This role is called a litigation friend. If no claim is made on the injured minor’s behalf, they themselves have three years starting from the date they become 18 to launch their own legal action.
- A complete halt applies to the time limit for any claimant who lacks the sufficient mental capacity to start a personal injury claim themselves. A litigation friend can be appointed. Alternatively, the injured person has three years to claim themselves starting from the date that mental capacity returns (if it does).
To check time limits in your hotel accident claim, just access the excellent free information on offer from our advisors. You can call, email or ask the live chat window below for an immediate answer to your query.
Can I Make A No Win No Fee Hotel Accident Injury Compensation Claim?
The expertise of our solicitors means you’re supported throughout the whole accident claims process. Whatever the severity of your injury, you can feel confident that they are working hard to secure you the best compensation settlement possible. One that covers all of your losses both now, and those predicted in the future.
There are Pre-action Protocols to follow in most personal injury claims and these essential steps can be complex and time-consuming. One of our solicitors can attend to these requirements so that you don’t have to. Furthermore, they will liaise with the defendant (the hotel) to make sure you get the most comprehensive settlement if your claim wins.
These excellent services can be accessed through a Conditional Fee Agreement (CFA). This is a version of the No Win No Fee contract and it offers numerous benefits to the person claiming, namely:
- No upfront solicitor’s fees.
- No fees for your solicitor’s work apply as the compensation claim develops.
- Personal injury solicitors working in this capacity require no fees for their completed work if the claim fails.
- A ‘success fee’ becomes due for successful claims.
- The fee is paid as a percentage of the compensation. However, it is capped by law to ensure the claimant benefits the most.
If you want to see whether our solicitors could handle your hotel accident claim, get in touch. If advisors determine that you have a strong case and wish to use our services, they can refer you to one of our solicitors to begin building your claim:
- Call the team to discuss how personal injury lawyers could manage your hotel injury claim on 0800 073 8801
- Contact us online to how much compensation may apply to you.
- Or, why not ask live chat a question below?
Learn More About Making A Public Liability Claim
In addition to this guide about making hotel accident claims, these other resources from our website may be useful:
- This guide looks at personal injury claims on day trips here.
- Here we examine claims if you tripped on a rug.
- Also, you can read hairdresser injury claims that might include the salon in a hotel.
External resources:
- You’ll find details about claiming Statutory Sick Pay (SSP) for any unpaid time off work to recover from your injuries from the government.
- Also, there’s advice on when to call 999 provided by the NHS.
- Lastly, some details about a local authorities guide to good hotelier practice.
Thank you for your interest in our guide about hotel accident claims. For further help or guidance after suffering an injury in a hotel, we invite you to connect with advisors on the free options above.
