Slip and fall accidents in DC hotels happen with unfortunate regularity. A slip and fall injury can occur anywhere. Our hotel injury attorneys frequently pursue claims against grocery stores, concert venues, restaurants, bars, etc. When suing a hotel, there are a few things we have to consider if we wish to be successful in a claim for damages related to a slip and fall. First, note that a hotel is not automatically liable for your injury merely because your injury occurs on their premises. There must be some breach of a duty owed. Then, there must be a causal link between the breach of duty and your injury. Suppose you are injured because you slip on a spill in the lobby of a DC hotel. Is the hotel responsible if another guest caused the spill and not a hotel employee? The answer is that it depends.
The hotel has a duty to inspect for hazardous conditions routinely and either warn of or make these conditions safe. One exception to this rule is if the hazard is obvious. If it is obvious, then you are contributorily negligent for not avoiding the spill and may not have a viable claim. But if it is nonobvious, then perhaps the hotel should not be liable if they were not even the ones who caused it. The law in Washinton, D.C., says that is not the case.
If the hotel employees are on notice of the spill and do not rectify it within a reasonable time, and you get injured in between when one of the employees learned of the spill and before they clean it, they are liable for your injuries. Additionally, if the spill sits in the hotel lobby for beyond a reasonable time and you slip and fall, they are again liable.
Slip and fall accidents in DC hotels can lead to severe injuries. However, not all of them are compensable. Here, we discuss the common causes of slip and fall accidents in DC hotels so you can understand the law behind these common scenarios and know what to avoid next time you are at a hotel.
This can include a wet floor sign. Remember, a hotel can absolve itself from liability merely by putting out a wet floor sign. Of course, this wet floor sign is not foolproof. It still needs to be clearly visible and clearly indicate where the hazard is. For example, if you are coming around a corner and cannot see the wet floor sign until it is too late due to the way your field of vision is, the hotel may still be liable. This works when done correctly by the hotel because it makes the hazard obvious. That is a term of art in slip and fall law at DC hotels. If a slippery floor is obvious to you, the hotel is not liable for you slipping there.
The same can be true of other hazardous conditions you may slip on besides a spilled coffee. For example, if the hotel is performing construction in an area that is not obvious, it may be liable if it does not give sufficient warning signs.
The law for spilled beverages like water or coffee also applies to obstacles and clusters on the hotel floor. You may encounter a contributory negligence defense in this scenario, with the defense arguing that you should have seen the obstacle or cluster. However, this defense is not always sufficient, especially if distracted. For example, suppose you are walking through the lobby of a DC hotel, and there is entertainment. It may be reasonable for your focus and attention to be on the hotel in the center of the lobby, not on the ground, looking for obstacles and clusters.
Luggage, cleaning carts, decorative items, or other obstacles left in walkways can pose trip hazards, especially in narrow corridors and busy lobbies. A prudent hotel injury lawyer may argue at trial that a hotel has a greater duty to remove these hazards than to clean a spill. In either case, the hotel has a legal duty to inspect for dangerous conditions on a reasonable basis. However, given how much easier it is to detect a dangerous condition like a trip hazard, a jury may decide that the reasonable period for detection is shorter for these objects. Additionally, it is more dangerous than a slippery surface.
A hotel has several legal duties related to slip and fall accidents in DC hotels. For a hotel to be negligent, it must breach some duty owed. For it to breach a duty, there must be a duty to breach. The list of duties that a hotel owes to guests is expansive, given how many things a DC hotel can do. Hotels contain countless amenities. Most commonly, they contain fitness centers, pools, restaurants, bars, golf simulators, movie theaters, and numerous others. Each amenity has its host of dangers and duties. But in general, a landowner owes a general duty to use reasonable and ordinary care in keeping the property reasonably safe for the benefit of an invitee. As a hotel guest, you are a business invitee. This rule governing liability is general, yet it can be applied to numerous scenarios found in a hotel.
In general, the hotel has a duty to warn of or make safe, nonobvious, dangerous conditions known to the landowner. Also, a hotel must make reasonable inspections to discover dangerous conditions. That second part differentiates a business like a hotel from a friend when you visit a friend’s house. Furthermore, hotels have a duty to use ordinary care in active operations on the property. Again, this is a general rule, but as DC hotel injury attorneys, we can use this rule in your case in various situations. We do this with the intent of recovering fair compensation for your injuries.
The first thing you must do after a slip and fall accident in a DC hotel is to seek medical attention. While there are other critical steps to take that are time-sensitive, none are as important as your health and safety. If there is an ongoing risk to our safety at the hotel, leave the hotel premises immediately once it is safe to do so. Next, when possible, report the incident to the hotel. Not only does this protect other guests, but it creates a record of the incident. This way, the hotel will be on notice of the hazard, and they will know who you are when we decide to make a claim against them. Be sure to get the name of anyone you speak to at the hotel.
Critically, the hotel employee may tell you something that can benefit your case. They may tell you they had meant to clean up the spill. If they do say that, they have helped your legal case as they have fulfilled one of the elements necessary in a successful claim for a slip and fall injury.
Contact our office today to discuss the viability of your claim for a slip and fall accident in a DC hotel.
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