Got Injured By a Third Party While Staying At a Hotel? Here’s Who Is Liable

April 5, 2018
On behalf of The Law Offices of Howard Craig Kornberg Posted in Premises Liability

Love it or hate it, being a guest at a hotel is not like being at home: you have to put up with other guests and hotel staff who can be quite bothersome, noisy, annoying, or behaving in any other way that makes you want to leave a bad review on Yelp or Booking.

But noisy guests next door is not your biggest concern when staying at a hotel in Los Angeles, California, elsewhere in the United States, or abroad. Whether you are a regular traveler or you stay in hotels for business every once in a while, our Los Angeles premises liability attorney Howard Craig Kornberg warns that hotel accidents and incidents when guests are hurt at the hands of other guests (third party) have been on the rise lately.

Hotel accidents and premises liability in California

It is not just a drunken assault that we are talking about. Battery, sexual assault, robbery, and other criminal acts that are not unheard of in California hotels may not only ruin your vacation, but also leave you injured, traumatized, or even disabled for the rest of your life.

So what happens if you get injured by a third party while staying at a hotel? Since it makes sense that the party committing the criminal act is liable for the injuries and damages, what about the hotel where the incident occurred? Can you hold the hotel liable for a wrongful act or crime committed by one of its guests?

While you are probably hoping to hear a short response that answers your questions, you will not. All we can say is: it depends on your particular circumstances. Let us explain…

Is the hotel liable for their guests’ wrongful acts or crimes?

A rule of thumb is that those who commit wrongful acts in hotels usually do not have many finances that would allow you to get adequate compensation for your injuries and damages that have been caused. That is one of the reasons why injured hotel guests wonder: can hotels be held liable for injuries caused by a third party?

Depending on the circumstances of your case, you may be able to hold the hotel liable for its guests’ wrongful acts, but only if you prove that the hotel owed a duty to protect you (as the guest) from a third party and that it was reasonable to expect the hotel to be able to prevent the act (in other words, the hotel’s negligence, carelessness of failure to act made the act possible or contributed to the act).

Normally, only a Los Angeles premises liability lawyer would be able to prove these elements, establish the hotel’s liability, help you file a claim, and win fair compensation either through a settlement or verdict. Let’s not forget that hotels are represented by the best lawyers in the country, which is why it would be unwise to take legal action without seeking legal help from a skilled attorney.

How to establish liability in a hotel accident?

Under California’s premises liability laws, which apply to hotels in Los Angeles and all across the state, a hotel has a legal duty to provide a safe environment and premises for its guests. In case the duty has been breached due to the hotel’s negligence, carelessness, or omission to act, the hotel will be held responsible for your injuries caused by a third party.

Our Los Angeles premises liability attorney from the Law Offices of Howard Craig Kornberg explains that if you can prove that the hotel was aware of the dangerous condition that caused your injury, or failed to take reasonable and foreseeable precautions to prevent the wrongful act, then you will be able to establish the hotel’s liability and win your case.

Speak to our experienced lawyers today to get a free consultation about your case. Let us guide you through the process of filing a premises liability claim and help you win the settlement or verdict you deserve in a timely manner. Call our Los Angeles offices at 310-997-0904 or fill out this contact form.


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