Gwinnett County Accident Attorney Shane Smith Educates Georgia Residents on Ways Hotels May Expose Visitors to Premises Liability.
When you are traveling, for business or pleasure, and you visit a hotel or motel, you expect your visit to let you have a safe stay and leave you well rested to enjoy your vacation of business trip. While the vast majority of hotels are safe because they provide their guests with adequate security and a safe place to stay, some negligent hotel and motel owners put their guests in danger. When a hotel owner/operator fails to make sure their premises and surrounding areas are safe, they open themselves to a premises liability claim.
What is a Premises Liability Claim?
This is a type of personal injury claim where the owner/operator may be held responsible for having unsafe premises. In the case of a hotel or motel, a customer is an invitee who has chosen to use the facility. If the invitee experiences damages by having property stolen or suffering injuries on or near the property, the invitee may pursue a claim against the owner.
What Areas is a Premises Owner Responsible for?
There are two discrete areas of responsibility for owners/operators. These two areas are the premises itself and the properties’ “approaches.” Approaches are understood to be property adjoining to one’s property and that adjacent to the entryways of the premises itself. This property beyond the premises itself is taken into consideration only as so far as that would be necessary or convenient to use while entering or leaving the premises itself. However, premises owners are not liable for areas beyond the premises and what has been reasonably interpreted through court decisions.
What Types of Incidents Might be Make a Premises Owner/Operator Liable?
While every incident must be evaluated individually, there are some examples that illustrate premises liability:
- Criminal assault or break-ins: If you are on the premises or on an approach that is recognized as part of the owner/operator’s responsibility, and there is a criminal break-in where there are good stolen or you are the victim of a criminal assault, the owner/operator may be liable. If the hotel has had a prior criminal break in and does not have adequate security and/or cameras, liability may be easier to prove under certain circumstances.
- If you are carrying your luggage up the stairs and a stair breaks because of a lack of maintenance and you suffer medical and emotional damages that you can substantiate through medical treatment, you may have a premise liability claim.
These are just two types of personal injury incidents that may entitle you to a premise liability claim. Since every type of claim is unique, it requires the experience and judgment of a Georgia accident attorney to see if your circumstances merit a claim. When you speak with a Gwinnett County PI attorney at the Law Offices of Shane Smith, you will understand all of your legal rights and if your circumstances permit, file a premise liability personal injury claim. Call (770) 487-8999 to schedule your free legal consultation today!