When a fatality occurs due to a hotel’s negligence, it is a tragedy. The tricky part about hotel cases is a hotel has countless responsibilities. It may contain a fitness center, a pool, a restaurant, and a lobby, not to mention each bedroom it rents out to customers. Within each room of the hotel, there lies countless potential liabilities. A hotel has a duty to inspect for hazards on a reasonable basis. What we deem reasonable is ultimately a jury question, but it depends on the context of the scenario. Generally, our DC fatal hotel injury lawyers deal more with slip and falls. If a hotel’s negligence results in a fatality, this is a massive error by the hotel and should be dealt with in kind.
Several common causes may lead to a fatal hotel injury, which we will discuss below. The purpose of this page is to help you decide whether you have a case, what your case may be worth, and whether you want to move forward by speaking to an experienced DC fatal hotel injury lawyer. Our team of attorneys, with their extensive experience in handling many wrongful death claims in the past, is adept at holding entities like hotels legally responsible. We will also discuss how to navigate the hotel wrongful death legal process, a process that can be trickier than you might expect. This is because more than one person typically has a claim. For example, if you are the spouse of the decedent, you may have
For such a severe accident, it is worthwhile to explore all your options. We are happy to discuss this with you during our free consultation.
We have covered hotel injuries that you are most likely to experience due to a hotel’s negligence. However, these are distinct from the common causes of fatal hotel injuries. For example, while you are likely to injure yourself in a puddle in the lobby, it probably will not cause a fatality. However, the examples we discuss below may lead to death if the hotel is not prudent.
A fire safety lapse is a nightmare scenario for a hotel if it is due to its own negligence, and our DC fatal hotel injury lawyers are ready to handle it. Of course, the mere fact of a fire in a hotel does not mean the hotel is liable for your damages. We must prove that the hotel acted negligently in some way. Moreover, we must prove that the negligent act was a proximate cause of your injury. For example, suppose a hotel is negligent in its maintenance of one fire exit, but your fire injury occurred on the opposite end of the hotel, and the fire was started by another guest and not by the hotel. We may not be able to establish liability by the hotel. So, how do we prove the hotel acted negligently in the death of your friend or family member?
If the hotel has negligently maintained smoke detectors and we can prove that the negligent maintenance was a proximate cause of the decedent’s passing, we can establish liability. Another way to demonstrate the hotel is liable for the decedent’s death is the improper storage of flammable materials. Improper storage of flammable materials can contribute to a fire’s rapid growth and capture hundreds of lives. Furthermore, our DC fatal hotel injury lawyers always look for incidents of improper fire safety training. If a hotel employee fails to usher guests safely, the hotel is liable due to a lack of proper safety training.
Water-related accidents cause fatalities every year. For the hotel to be responsible, the drowning likely needs to have occurred in the hotel’s pool. Sometimes, the hotel is responsible for drowning at the beach next to the hotel, but that is not an issue at a DC hotel. Hotels with pools, hot tubs, and other water features pose significant drowning risks. No matter where you are, this is a risk, but some tort law requires that hotels have adequate supervision. Even strong swimmers can be at risk of drowning. The Washington, D.C., Department of Health (DOH) requires one lifeguard for every 50 swimmers. Thus, the hotel may be liable if there is no lifeguard on duty or is not at the pool at the time of the drowning. In some cases, poorly maintained or improperly marked swimming areas can lead to incidents our DC fatal hotel injury lawyers can assist with.
A security failure by the hotel, whether due to intentional or negligent conduct, can result in severe injury or death. Hotels are responsible for providing a reasonably safe environment. Moreover, if they are on notice of a dangerous guest or trespasser, they have a legal duty to deal with that individual in a prudent manner.
The trial process for a DC hotel fatality is complex. Even for a settlement, we must create an estate for the decedent in addition to handling your wrongful death claim as a closely related family member. Our DC fatal hotel injury lawyers can explain this to you in great detail regarding your unique case. Below is a list of everything we will do to recover rightful compensation as we work with you. Note that this is not necessarily a linear process. In these more complex cases, steps may be taken out of order to give you the best possible chance of success in your case.
The compensation you will recover differs from the compensation the estate will recover. Even if you are the eventual beneficiary of the estate, we must do things in order. So, the estate is entitled to whatever damages the decedent would have been entitled to. In common law, their right to recovery dies with their passing. However, applicable survival statutes allow the right to recovery to survive beyond their death. This allows for recovery from medical expenses, pain, suffering, lost wages if there is a family to support, and the value of life.
Meanwhile, you have a separate claim as a family member. These damages may include funeral and burial costs, loss of future income, loss of companionship, consortium, parental training, guidance, and, in some cases, punitive damages. The loss of future income is a critical aspect of these claims. If you are the child of the decedent, you may have needed to rely on your parent’s salary to afford school, food, shelter, and other necessities. As a child, your age is a factor in how much you can recover.
Often, in death claims, coverage is an issue. Fortunately, most hotels in Washington, D.C., have sufficient coverage if it is a large enough hotel.
The DC fatal hotel injury lawyers at Gelb & Gelb are here for you every step of the way. From the free initial consultation through to handing you your check if there is a recovery, we understand how a wrongful death in your family can reshape your life. And we are determined to fight for your right to justice.
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