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Hotel Liability and Guest Safety

Hotels in New York City are responsible for maintaining a safe environment, but negligence can lead to accidents and injuries for the guests. Common hazards include slip and falls from wet floors, poorly maintained staircases, and inadequate lighting. Faulty equipment, such as elevators and negligence at the swimming pool or spa facilities, can also pose risk of injuries.

Poor security measures at the hotel can result in assaults or other criminal activities. Guests injured due to such negligence have the right to seek compensation for their injuries, and hold hotel management and staff accountable for their duty to provide a safe environment.

If you are injured in a hotel accident, you need a relentless advocate who won't back down. Michael S. Lamonsoff, Esq., a top-rated hotel accident attorney in New York City, is known in the legal community as "The Bull" because he never stops fighting for his clients. With his determined and aggressive approach, Michael Lamonsoff takes on powerful hotel chains and large insurance companies to recover the largest possible compensation for your injuries and losses. Don’t settle for less—put your case in the hands of New York's trusted legal warrior today.

Legal Aspects in New York Hotel Accident Cases: How Our NYC Hotel Injury Attorney Will Prove Liability

In New York, hotels are required by law to provide a safe environment for their guests. When they fail to do so, and a guest is injured due to negligence, several legal principles and statutes come into play. New York City hotel accident lawyer Michael Lamonsoff, "The Bull," has a deep knowledge of these legal elements and will use the full force of law to hold the negligent parties liable for maximum compensation for your injuries and losses.

Premises Liability

Under New York law, hotels are subject to premises liability, which means they have a duty to maintain their property in a reasonably safe condition. This duty extends to the entire property, including rooms, common areas, elevators, gyms, pools, and parking lots.

Negligence

To establish negligence in a hotel injury case, the plaintiff must prove that the hotel owed a duty of care to the guest, breached that duty, and caused the guest's injury. Common examples of negligence include slip and fall accidents due to wet floors, poorly maintained facilities, inadequate security leading to assaults, and unsafe furniture or fixtures.

Notice of Dangerous Conditions

To hold a hotel liable, it must be shown that the hotel had actual or constructive notice of the dangerous condition that caused the injury or that they created the condition. This means the hotel knew or should have known about the hazard and failed to take appropriate action to remedy it, or that they actually created the danger.

Statute of Limitations

The statute of limitations for hotel injury claims in New York is generally three years from the date of the accident. This means the injured party must file a lawsuit within three years or risk having their claim dismissed. It is possible that the statute might be shorter - it is important to consult an attorney right away.

Multiple Defendants

In some cases, multiple parties may be held liable for a hotel accident, including the hotel owner, management agency, maintenance contractors, or security personnel. New York law allows for joint and several liability, which means the injured party can recover the full amount of damages from any one or all of the liable parties.

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Causes of Hotel Accidents and Injuries in New York

Our New York hotel injury attorney, Michael Lamonsoff, “The Bull,” will identify the cause and underlying liability of the negligent parties to establish your claim for maximum damages. Some of the major causes of hotel accidents and injuries in New York City include:

  • Slip, Trip, and Fall: Wet floors, poorly lit areas, uneven surfaces, and unmarked hazards can lead to slip and fall injuries. Hotels must ensure that all walking areas are safe and properly maintained.
  • Poor Maintenance: Broken furniture, malfunctioning elevators, faulty electrical systems, and other poorly maintained amenities can cause serious injuries. Hotels must regularly inspect and repair all facilities.
  • Defective Equipment: Gym equipment, pool facilities, and other hotel amenities must be safe and in good working order. Any defective equipment can lead to severe injuries.
  • Fire Hazards: Hotels must comply with fire safety regulations, including working smoke detectors, fire alarms, and accessible fire exits. Failure to do so can result in burns, smoke inhalation injuries, or worse.
  • Negligent Security: Hotels have a duty to provide adequate security to protect guests from assaults, theft, and other crimes. This includes proper lighting, security cameras, secure locks, and trained security personnel.
  • Lack of Maintenance of Common Areas: Hotels must maintain common areas like lobbies, staircases, and hallways. Poor upkeep can lead to accidents such as trips and falls.
  • Food Poisoning: Unsanitary kitchen conditions or improper food handling can lead to foodborne illnesses. Hotels must ensure their food services adhere to health and safety standards.
  • Inadequate Training of Staff: Hotels must ensure that their staff are properly trained in safety procedures, emergency responses, and proper maintenance practices. Insufficient training can lead to negligent actions or omissions.
  • Failure to Warn of Hazards: Hotels must warn guests of any known dangers, such as wet floors or broken handrails. Failure to provide adequate warnings can result in preventable injuries.
  • Overcrowding: Allowing too many guests in one area, such as in pools, elevators, or event spaces, can create unsafe conditions and increase the risk of accidents.
  • Swimming Pool Accidents: Poorly maintained or supervised swimming pools can lead to drowning, slips, and other injuries. Hotels must adhere to strict safety standards for their pools.
  • Defective Room Features: Faulty or poorly maintained room features, such as broken locks, unstable furniture, or defective electrical outlets, can cause injuries to guests.

How Our NYC Hotel Accident Lawyer Will Prove Liability of the Defendants

New York hotel injury attorney Michael Lamonsoff, "The Bull," and his legal team will move fast to collect every possible evidence to prove the hotel's liability and recover the highest compensation for you.

  • Surveillance Footage: Video evidence from security cameras can provide vital information about the incident, showing how the accident occurred and whether any hotel staff were negligent.
  • Maintenance Records: Documentation of regular maintenance and repairs, or lack thereof, can indicate whether the hotel upheld its duty to maintain safe premises.
  • Incident Reports: Internal reports created by the hotel staff at the time of the accident can provide immediate details and admissions regarding the hazardous condition and the hotel's response.
  • Witness Statements: Testimonies from other guests, hotel staff, or bystanders can support the injured party's account of the incident and highlight any negligence on the hotel's part.
  • Expert Testimony: Specialists in areas like hotel management, security, or medical professionals can provide expert opinions on whether the hotel breached its duty of care and the impact of the injuries.
  • Photographic Evidence: Photos of the accident scene, hazardous conditions, and injuries can visually demonstrate the negligence and its consequences.
  • Building Codes and Safety Regulations: Evidence showing the hotel violated local building codes or safety regulations can strengthen the case for negligence.
  • Employee Training Records: Documentation of employee training, or lack thereof, can indicate whether the hotel properly prepared its staff to prevent and respond to hazardous conditions.
  • Inspection Reports: Records from health, fire, or safety inspections can reveal prior violations or warnings that the hotel failed to address.
  • Guest Complaints: Previous complaints from guests about similar hazards can demonstrate a pattern of negligence and the hotel's failure to address known issues.
  • Communication Logs: Emails, memos, or other communications among hotel staff regarding maintenance issues or safety concerns can provide evidence of the hotel's awareness and handling of potential dangers.
  • Medical Records: Detailed medical reports and records of the injuries sustained can establish the extent of harm caused by the accident and link it directly to the incident at the hotel.

Get Our Battle-Tested Hotel Accident Lawyer in New York on Your Side

If you have been injured in a New York hotel due to negligence, Michael Lamonsoff, "The Bull," is ready to fight for the compensation you deserve. As one of the pre-eminent personal injury attorneys in New York City, he brings exceptional legal skill and a results-based, battle-hardened litigation style that has earned him recognition from his peers and consistent election to the prestigious Super Lawyers membership.

Licensed to practice in all State Courts of New York and the Federal District Courts for the Southern and Eastern Districts of New York, Michael Lamonsoff has built his law firm into a legal powerhouse. His aggressive approach ensures that you are in the strongest hands to recover maximum compensation. To schedule your free consultation, call us at 212-962-1020 or fill out this online contact form.

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