Hotel accident compensation claims

If you’ve suffered an injury or illness at a hotel in the UK or abroad, you could be entitled to make a hotel accident compensation claim.

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hotel accident claims

Hotel Accident Claims

When staying at a hotel, you expect to have a fun, carefree and memorable time. Whether you are on holiday, on a business trip, or a staff member working in the hotel industry, you deserve to feel safe on all the premises. Unfortunately, that is not always the case.

According to the Health and Safety Executive, approximately 609,000 injuries were registered in the hospitality and leisure industry in 2016/2017 alone. Furthermore, The Post Office Travel Insurance reports that around 4.4 million holidaymakers suffered an injury between 2012 and 2015 while on a trip abroad.

Some of the most common incidents leading to an injury in a hotel include slips, trips and falls, food poisoning and defective equipment. Injuries can range from minor cuts and bruises to broken bones, brain damage and even fatal accidents.

If you suffered an injury while staying at a hotel, you might be able to make a hotel accident claim. Depending on how you booked your stay, you could claim directly against the hotel or the travel agency that arranged your accommodation.

If you feel you may have a valid hotel negligence claim, call 0800 470 0474 or request a call back to receive a free consultation with a legal adviser.

Find out if you can claim

Call 0800 470 0474 now or request a call back below:

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    By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

    Can I claim for an accident in a hotel?

    Any visitor or hotel employee is potentially entitled to make a hotel compensation claim if they suffered an injury on the property. To have a strong case, you need to be able to demonstrate that:

    • the hotel owner/travel company owed you a duty of care
    • they breached their health and safety liabilities
    • their negligence caused you to get ill or injured

    Usually, you have three years after an accident to start making a personal injury claim. This date may vary in certain circumstances, so it’s better to start your accident in a hotel claim as soon as possible.

    A solicitor can let you know if you may be eligible to make a hotel accident claim and answer any questions you may have. For a free consultation, call 0800 470 0474 or fill in our online form to receive a call back.

    What should I do if I’m injured in a hotel accident?

    If you suffered an injury in a hotel as a visitor, guest or employee, you deserve compensation for all that you endured. Hotel accident claims aim to secure that the liable party will cover your financial expenses and compensate for the losses related to the accident.

    To have a successful claim, you must produce enough irrefutable evidence that your injury was due to someone else’s negligence.

    If you have an accident in a hotel, the first thing you need to do is assess your injuries. If you feel you might have a serious injury, you should get immediate medical assistance. Once you are out of danger, you or a loved one can take the following steps to support a later hotel compensation claim:

    • photograph the accident scene and the root cause of your injury
    • take pictures of your injuries
    • document your recovery process
    • take the contact details of any witnesses
    • request a copy of any CCTV footage that might have captured the accident
    • document the costs and expenses you incurred
    • report the accident to the hotel and make sure it gets recorded in the accident book
    • if you booked through a holiday company, inform them about the event
    • get written evidence of your hospital visit and the treatment you received

    A crucial step towards securing a successful hotel injury claim is contacting a solicitor. They can offer you a no win no fee agreement*, meaning you can start legal proceedings without taking any financial risks.

    To start your claim, speak to a trained legal adviser by calling 0800 470 0474 for a free consultation.

    What are the most common causes of hotel accident claims?

    Staff and holidaymakers can get injured in various ways on hotel property. When negligence is the cause, they deserve compensation for:

    Slips, trips and falls.

    Slips, trips and falls remain one of the leading causes of injuries everywhere. A slip and fall can be harmless or have terrible consequences like a spine or head injury.

    Wet floors, uneven surfaces, cluttered walkways, poor lighting and staircases are just some of the avoidable hazards that can cause a fall injury. Falls from balconies due to faulty or missing handrails can be fatal.

    Damaged furniture and equipment

    You might get a severe injury if an old piece of furniture breaks. Likewise, faulty electrics or damaged fitness equipment within a hotel can put you and your loved ones at serious risk.

    Bed bug infestations

    Poor hygiene and maintenance standards can lead to bed bugs and other infestations. This can cause a number of skin symptoms that can take weeks to resolve. Before becoming aware of the parasitic infection, you might bring it home or to a friend’s house, which will require laborious treatment to eradicate the problem.

    Burns and scalds

    If you’re having a meal at a hotel, your food might get served too hot, or a waiter may accidentally spill it on you, causing you to get a burn or scald injury. The shower or tap water might come out far too hot due to hotel negligence. No matter how you got hurt, you might be entitled to claim compensation if you suffered an injury as a consequence of the hotel’s negligence.

    Food poisoning

    Food poisoning can cause severe acute illnesses like cramps, diarrhoea or vomiting, but may also lead to long-term problems like kidney failure; occasionally, food poisoning can be lethal. You could get sick if the food is stored, handled or cooked incorrectly. Contaminated water can also cause illness.

    According to the Consumer Protection Act 1987, if you can prove that the hotel meal was the cause of your illness, the law enforces strict liability on the hotel staff and restaurant.

    Swimming pools

    Water contaminants, damaged pool tiles, faulty drains or drowning are a few examples of how you can get a swimming pool injury. If the hotel owner and pool operatives fail to hold reasonable safety standards, causing you to get hurt, you may be entitled to make a hotel accident claim.

    Theft and assaults

    Poor hotel security can lead to people getting mugged, attacked or suffering damage to personal property. If you fall victim to an assault on hotel property, the hotel may be liable to compensate you for your personal injury and losses.

    Accidents at work

    Hotel employees are just as vulnerable to injuries and are also entitled to claim compensation if they suffer an injury due to their employer’s negligence. Kitchen incidents, slips and trips or lifting and handling injuries are some of the most common causes of accidents in the hospitality industry.

    Who is liable for an accident in a hotel?

    If you suffered an injury in a hotel, you could make a hotel compensation claim against:

    Under the Occupiers Liability Act 1957 and Occupiers Liability Act 1984, the person who controls the hotel is liable for the safety of everyone on the premises.

    Owners have a duty of care to guests, staff and other visitors and must ensure that all areas are reasonably safe for use. Specific dangers like wet floors or trip hazards must be signposted. Failing to maintain proper safety standards could make hotels liable for compensation.

    If you booked through a travel agency, the Package Travel Regulations state that the tour operators must conduct risk assessments on the hotels they are reserving. If they fail to provide safe and secure accommodation, they are liable for hotel accident claims.

    Depending on the circumstances of your injuries, an experienced solicitor can help identify the liable party and get you the compensation you deserve. For a free consultation, call 0800 470 0474 or enter your details to request a call back.

    Can I claim for a hotel accident that happened abroad?

    If you booked a hotel abroad on your own, you might need to take legal action in the foreign country under their specific legislation. Each country can have distinct regulations about hotels liability in case of an accident on the premises. Most likely, you will need the help of a specialist solicitor to conduct the legal proceedings.

    In any case, there are several international conventions designed to help people claim compensation for injuries and other losses they endured while travelling. The Package Travel and Linked Travel Arrangements Regulations 2018 gives you the right to claim if the holiday package you bought falls short of what was advertised.

    If you booked a stay abroad through a travel agency and suffered an injury at a hotel, you will be able to make a hotel accident claim against the company that arranged your reservation.

    What are the time limits for making a hotel accident claim?

    Usually, you have up to three years from an injury to make a hotel compensation claim. This is known as the limitation date. The three-year countdown will begin on the date of knowledge of your injury. Injuries like a broken leg are straightforward, but other illnesses can go undiagnosed for some time.

    If you booked your stay through a UK based agency, you have three years to make an accident claim.

    However, claims regarding direct hotel bookings abroad are subject to local regulations. In some countries, you can have as short as 6 to 12 months after an accident to start making a hotel compensation claim.

    If the victim is a child, the three-year countdown is suspended until they turn 18. An adult can claim compensation on their behalf at any point in the meantime.

    The same rule applies to people lacking the mental ability to conduct legal proceedings themselves. A litigation friend can make a hotel accident claim on their behalf, with no time limitation. If they regain their intellectual capacity, they have another three years to claim on their own.

    Claiming against a holiday company falls under UK law, but if you want to take legal action against a hotel from abroad, the regulations may be very different.

    It is in your best interest to contact a solicitor familiar with claiming in other countries as soon as possible after the accident to ensure your claim is within the relevant limitation period.

    For a free consultation with a legal adviser, call 0800 470 0474. They can let you know if you may be eligible to make a claim and answer any questions you may have.

    How much compensation is a hotel accident claim worth?

    The amount of compensation you might be entitled to after suffering an accident in a hotel depends on several factors, including:

    • the type and severity of your injuries
    • the pain, suffering and emotional distress you endured
    • medical treatments and ongoing care
    • home improvements and mobility aids
    • lost earnings due to taking time off work
    • loss of amenities
    • changes in life quality and loss of enjoyment
    • other financial losses you incurred, including travel costs

    Calculating a suitable compensation amount is not a straightforward process. According to the Judicial College guidelines, you could get:

    • £18,250-£25,750 for moderate leg injuries
    • £19,000-£40,650 for a severe hand injury
    • £16,100-£25,750 for a wrist injury with a permanent disability
    • Up to £8,250 for a minor to a moderate elbow injury
    • £25,750-£86,000 for severe hip injuries
    • £5,400-£15,250 for moderate post-traumatic stress disorder
    • £1,450-£8,400 for a minor head injury
    • £185,000-£265,000 for very severe brain damage

    An experienced solicitor can secure the maximum amount of compensation you could get according to your injuries. To start a hotel accident claim, speak to a trained legal adviser by calling 0800 470 0474 for a free consultation.

    Can I claim on behalf of somebody else?

    Any adult can represent children and individuals with mental disabilities by being appointed as their litigation friend. A litigation friend can claim hotel accident compensation on behalf of:

    • Minors, at any point before they turn 18, regardless of when the accident took place
    • An adult with a pre-existing condition like dementia, Alzheimer or clinical depression
    • A victim who is too ill to claim on their own
    • A deceased person
    • Someone with a language barrier

    To become a litigation friend, you will have to apply to a court, providing evidence that you have no conflict of interest with the victim, and you can fairly and competently conduct the claiming proceedings.

    Although this sounds complicated, don’t worry. Your solicitor will be able to help you with this as part of the service.

    How much will it cost to make a hotel accident claim?

    The costs of hiring a legal adviser by the hour and paying the required fees to start a claim might be intimidating, especially without having the certainty you’ll win the case.

    Fortunately, if a solicitor considers that you have a valid claim with fair chances of success, they will offer you a conditional fee agreement (also known as no win no fee). This allows you to start a claim without paying any upfront costs.

    Furthermore, your solicitor will take After the Event (ATE) insurance, meaning that you won’t have to cover any legal fees for you or the defendant even if your claim fails, reducing dramatically any financial risks.

    By reaching a conditional fee agreement, you can be sure that your solicitor will give maximum attention to your claim, seeing that the outcome will also impact them.

    They will take care of all the paperwork, assist with collecting evidence and get witness statements. You will also benefit from their support and advice, especially if you want to claim compensation for a hotel accident that happened abroad.

    Assuming you win the case, your solicitor will take a success fee, which can be up to 25% of the compensation awarded. The percentage will be discussed and agreed upon before taking on your case.

    If you feel you have a strong case and want to make a no win no fee hotel compensation claim, call 0800 470 0474 or leave your details for a free consultation with a legal adviser.