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Just like any other property owner, Houston hotels are responsible for taking steps to protect their guests from injury. If you are injured at a hotel and suspect that the hotel is responsible, you may have legal options for recovery at your disposal. Understanding the legal rationale for hotel liability in Houston is important if you hope to pursue your case in court.
Hotels owe a duty of care to their patrons in Houston. Failure to meet that duty puts the hotel in a precarious position, as they will likely be responsible for any consequences that may result from their failure. If you can successfully prove that the hotel could have (and should have) reasonably prevented your injuries, you can sue them to recover damages. Damages will include compensation for tangible expenses like medical expenses and lost wages as well as intangible aspects of the aftermath such as pain and suffering.
The best way to ensure that you are not left hanging after sustaining an injury at a Houston hotel is to speak with a lawyer. At The Queenan Law Firm, P.C. our outstanding Houston hotel personal injury attorneys are well equipped to provide you with the support that your case deserves. We can present you with your options, file your case, negotiate with opposing counsel or insurance representatives, and advocate for your rights in court if the day comes. To set up an initial consultation free of charge, call our Houston offices at (817) 476-1797.
Hotel Liability for Injuries in Houston
Hotels owe a duty of care to their patrons and guests in Houston. Duty of care is a legal phrase that is used to describe the responsibilities that one party owes another party as part of their relationship. Property owning businesses, like hotels, owe a duty of care to anyone that they invite onto their property such as hotel guests.
A hotel’s duty of care can be expressed by considering how another similarly situated hotel might be reasonably expected to behave in similar circumstances. For instance, it is common practice in hotels in Houston to conduct periodic investigations of their fire alarm systems to ensure that they function as required.
Therefore, if a hotel fails to conduct investigations or test their systems at reasonable intervals, they would have then breached their duty to their guests. If the hotel fails to detect a fire, the hotel is putting their guests in harm’s way. As such, if the hotel’s failure to detect the fire and warn their patrons leads to injuries, the injured guests would have a personal injury case against the hotel.
Cause of Harm for Injuries in Houston
In order to prove that the hotel is liable in such an instance, the injured guest would need to demonstrate that the hotel’s breach of its duties was the cause of their injuries. To use the fire example, the guest would need to show that they would not have been injured “but for” the hotel’s faulty fire detection system. In other words, a successful plaintiff might assert that if the system were functioning correctly, they would have had enough time to safely escape the zone of danger without becoming susceptible to smoke inhalation, severe burns, or any of the other consequences of exposure to a structure fire.
Conversely, the hotel will likely not be liable if a functioning fire detection system would not have been enough to prevent the guest’s injuries. Hotels are not responsible for preventing any type of harm that might potentially befall a guest. Rather, they are only responsible for taking reasonable steps to prevent those harms. If reasonable steps would not have prevented the harm, the hotel likely will bear no liability.
Damages for Hotel Injuries in Houston
People who suffer injuries caused by hotel negligence in Houston may look to recover compensation for the consequences of their injuries from the hotel itself. This compensation is known as damages. Damages are calculated based on both economic and non-economic factors.
Economic factors that apply to damages would include medical expenses incurred because of the injuries suffered. For this reason, you should always seek medical attention immediately after sustaining an injury, as documentation of the extent of your injuries is critical to ensure your ability to receive compensation. Compensable medical expenses may include emergency procedures, ambulance ride fees, specialist appointments, prescriptions, and subsequent rehabilitative therapy. If your injuries force you to miss time at work, damage calculations will account for any wages that you might have missed out on. If your injuries are severe enough to impact your ability to perform the functions of your job, a court may factor in your loss of earning power to their damage calculations.
Non-economic factors are important for damages as well. Though typically harder to calculate, non-economic factors typically make up the more significant portion of a personal injury verdict. Houston courts will consider the pain and suffering you sustained because of the accident and your injury. For instance, if you suffered severe burns that left you with visible scars, you may suffer from chronic pain or social difficulties as a result. These are all compensable under damages for a personal injury at a hotel in Houston.
Statute of Limitations for Hotel Injury Lawsuits in Houston
Every state has a statute of limitations on personal injury claims, which sets the time limit for potential plaintiffs to file their case. In Texas, the statute of limitations for hotel personal injury cases runs for two years after the date of your injuries. Certain exceptions may apply, but your best course of action is always to speak to an attorney as soon as you have received medical attention for your injuries, to avoid missing the deadline for your case.
Speak to Our Houston Hotel Injury Attorneys Today
Our attorneys can examine your case and provide you with the options that will get you the compensation you rightly deserve. Speak to one of our Houston hotel injury attorneys for free today by calling (817) 476-1797.