Florida’s beaches, theme parks, and luxury resorts attract millions of visitors each year. But when accidents happen at a hotel or resort, what begins as a relaxing getaway can quickly turn into both a painful and stressful experience. Whether it’s a fall by the pool, an injury from broken furniture, or an incident caused by poor lighting or lax security, these accidents often raise serious questions about liability and the injured guest’s right to compensation.
If you were hurt at a Florida hotel or resort, you may be wondering who is responsible for your injuries and what steps you can take to seek financial recovery. The answer often lies in Florida's premises liability laws, which require property owners to maintain safe conditions for guests.
This article explains the basics of hotel and resort injury claims in Florida, how premises liability applies, and what you should do if you or someone close to you is injured while staying on someone else’s property.
What Is Premises Liability in Florida?
Premises liability is a legal principle that makes property owners accountable for accidents that happen due to unsafe conditions on their property. In Florida, hotel and resort owners have a duty to keep their premises safe for guests, who are considered invitees under the law.
This legal duty includes:
- Carrying out regular inspections of the property
- Promptly fixing known hazards
- Providing clear warnings of any dangers that aren’t immediately obvious
When a hotel fails to take these precautions and a guest is injured as a result, the hotel may be held liable through a premises liability claim.
Frequent Causes of Hotel and Resort Injuries
Hotels and resorts offer a wide range of amenities—from pools and fitness centers to restaurants and elevators. But these features also come with risks. Some common sources of hotel-related injuries include:
- Wet or slippery surfaces in lobbies, bathrooms, or pool areas
- Broken stairs or railings that result in trips and falls
- Poor lighting in walkways or stairwells
- Lack of security that leads to assaults or thefts
- Falling objects such as loose fixtures or ceiling panels
- Malfunctioning elevators or escalators
These injuries can range from sprained ankles and concussions to more serious outcomes like spinal injuries or traumatic brain injuries.
How to Establish Liability in a Hotel Injury Case
To pursue a premises liability case against a hotel or resort in Florida, the injured party needs to demonstrate the following:
- A duty of care existed. This is almost always true for paying guests.
- There was a hazardous condition on the property.
- The hotel either knew or should have known about the hazard through routine maintenance or inspections.
- They failed to remedy or warn about the danger.
- The hazard caused your injuries.
Florida follows a modified comparative negligence rule. That means if you're partially at fault for your injuries—such as ignoring warning signs or engaging in risky behavior—your compensation could be reduced based on your share of the fault. As long as you’re found to be less than 50% responsible, you can still recover damages.
What Steps to Take If You’re Injured at a Hotel
If you’ve been hurt while staying at a hotel or resort, the actions you take immediately after the incident can significantly affect your legal options. Here’s what to do:
- Report the injury to hotel staff or management. Ask for a copy of the incident report.
- Take pictures or videos of the scene, the hazard, and your injuries.
- Collect names and contact info for any witnesses who saw the incident.
- Seek medical treatment promptly. Even minor injuries should be checked out.
- Don’t speak to insurance representatives or sign documents without legal guidance.
The more detailed and timely your documentation, the easier it will be to support your claim if legal action becomes necessary.
Call Brandon J. Broderick For Legal Help
Injuries at a hotel or resort can leave you dealing with more than just physical pain. Medical bills, missed work, and difficult negotiations with property owners or insurers can make recovery even harder.
At Brandon J. Broderick, Attorney at Law, we help people navigate the legal aftermath of hotel and resort accidents in Florida. Our team understands how to investigate these cases, gather evidence, and push back against insurance companies that try to deny or undervalue claims. If you’ve been hurt while vacationing in Florida, we’re here to help you pursue the compensation you deserve.
Reach out today for a free consultation.