In California, the many beaches and tourism hot spots are surrounded by hotels. However, for visitors, it is not always clear whether a hotel is liable for an injury that occurs on the premises. These are important issues to understand for all parties involved.
What to know about premises liability
Premises liability means that the hotel and staff members are responsible for safety risks and doing everything they can to minimize those risks. This does not extend to every possible event. For example, if a guest is robbed outside the hotel and the hotel does not lack security features, then they are not likely to be liable.
There are four pieces to liability. The first is the duty of care, which is almost always satisfied because of the existing relationship between the hotel and guest. Next is a breach; this is the element that is made up of a failure in that duty on the part of the hotel.
If those two elements are satisfied, the next step is causation, meaning that the hotel was the cause of the breach. Lastly is harm or damages. This is what the guest suffered in the incident. Not only does this partially determine liability, but it also contributes to determining the outcome of the case in terms of awarded damages.
Premises liability is not always easy to prove depending on the particulars of the case. All four of the steps must be satisfied to meet the bar for holding the hotel responsible for a loss.
It is not a sure thing that an injury in a hotel will lead to a successful personal injury case. It depends on the circumstances and the nature of the injury.