The legal responsibilities of Florida hotel and motel owners are very specifically spelled out. Owners and operators of these establishments must provide reasonable protection to their guests and visitors. In Florida, every hotel and motel must use reasonable care and keep their property safe, clean and well maintained.
This also means that hotels must keep their parking lots, lobbies, restaurants, bars and guest rooms free from slippery substances which can cause a fall. When, for example, a guest slips and falls at a South Beach hotel on a broken lobby step, the injured person has the legal burden of proof to show that the hotel knew or should have known about the condition and should have fixed it.
Whenever a hotel should have known of a defect or broken condition it is called constructive knowledge. Constructive knowledge can be proven with evidence that shows how long danger existed. Often times it can be proven by the hotel’s failure to maintain and inspect the premises appropriately.
Hotel accidents frequently occur when a guest is injured getting in and out of the bathtub. Therefore, hotel and motels should always use slip-resistant tubs, showers, flooring, rugs, and grab bars. When and if a hotel has a guest falls, gets hurt and does not properly investigate the cause, it puts other guests at risk.
When we sue a hotel in Florida we make every effort to ensure that it never happens again. It is very important that if you are hurt at a hotel that you seek immediate medical care and report your incident immediately to the front desk.
We have had cases where the local management of a national chain does not report the incident. This is especially the case if there is a history of slip and fall accidents guest bathrooms.
In addition to local building codes, Florida’s hotels are also required to comply with the Americans with Disabilities Act. The ADA is designed to provide easy and safe access to hotels and public buildings to those living with disabilities.
For example, the ADA requires that all bathrooms must be safely utilized by people with disabilities and be equipped with specifically designed shower stalls, bath tubs and toilet seats.
We are experienced in representing people who have been injured at Florida’s hotels and resorts. As soon as possible after the hotel accident occurs, contact our Miami hotel accident lawyers for a free initial consultation. Crucial evidence including the surveillance tape, witness statements and surface testing absolutely must be analyzed before the evidence either disappears or is destroyed.