Accidents happen all the time at Hawaii hotels due to guests slipping on
wet lobby floors, guests horsing around on hotel grounds and children
running around pool areas. While there are a hundred reasons an accident
can happen, at what point does a hotel become liable for your injuries?
Safety & Medical Assistance
Determining when a hotel might be liable for injuries will likely depend
on whether it owed guests a duty of care and whether it acted reasonably
under the circumstances - especially when it comes to providing a safe
environment and medical assistance when needed. Here’s a closer
look at both:
Safety. Hotels have to act reasonably when it comes to keeping their premises
safe, as guests are "invitees" on the premises. Hawaii law holds
property owners to a higher standard of care when the person injured was
invited onto the property where the accident occurred. However, even though
there’s a higher duty, the term "reasonable" is often
very hard to define.
For example, is a hotel liable if a guest spills a sticky drink on the
lobby floor and another guest slips, falls and is injured? The answer
is - it depends on whether the hotel acted reasonably. If the time that
elapsed between the spill and the fall was short, then the hotel might
not be liable. If a long time passed and the spilled wasn't cleaned
up, the hotel may be liable.
The issue of reasonableness and a duty of care in these types of situations
will depend upon the facts and circumstances surrounding each specific accident.
Medical Assistance. While hotels are not in the business of providing guests with medical assistance,
they likely have some type of duty to act reasonably when it comes to
reacting to accidents. However, the question becomes - how much help do
they need to provide and can they be liable if they provide too much and
cause further injury?
For example, let’s say that someone trips and falls on a hotel’s
concrete pool patio, suffers cuts and possibly breaks a leg. If hotel
staffers do nothing, they are likely acting unreasonably. However, they
might be acting reasonably if they attempt to treat the victim’s
cuts as best they can with the first aid materials on hand. Yet, if they
attempt to address the victim’s broken leg and it results in further
injury, the issue of whether they acted reasonably could go either way.
Confused? You’re not alone. The bottom line is that these types of
cases are always dependent on the specific facts and circumstances of
the accident. That’s where an experienced
Hawaii personal injury lawyer can help.
Obtaining The Legal Help You Need
Premises liability lawsuits involve an accident that occurs due to the
negligence, negligent maintenance or unsafe and dangerous conditions of
a property owned by someone
other than the injured victim. These include hotels, restaurants, rental companies
and any other type of store or establishment.
Property owners and business establishments have a duty to provide their
guests with a safe environment and clearly warn customers about the potential
of possible hazards such as construction, broken doors, slick floors and
anything else that could cause any type of injury - from a simple slip
and fall to a more serious injury such as traumatic brain injuries (TBIs),
spinal cord injuries, paralysis, broken bones or even death.
If you or someone you love has been seriously injured due to the negligence
of a property owner, make sure that you
contact an experienced premises liability law firm who understands how these types of cases are handled so that you get the
compensation you deserve for medical bills, lost income, physical and
emotional distress, rehabilitation and more.