Whether you're vacationing along Cape Cod or attending a conference in downtown Boston, staying at a hotel or resort is meant to be a relaxing and safe experience. Unfortunately, accidents can and do happen. From slip-and-fall injuries near pool areas to elevator malfunctions or inadequate security incidents, guests can suffer serious harm due to unsafe conditions on hotel or resort property.
When an injury occurs on someone else's property—especially a business that profits from guest stays—Massachusetts law provides an avenue for victims to pursue compensation. These types of personal injury cases fall under what is known as "premises liability." But proving liability and navigating the legal process isn’t always straightforward.
Continue reading to understand the basics of hotel and resort injury claims in Massachusetts, including the responsibilities of property owners, how liability is determined, and the steps you can take to protect your rights if you're hurt while staying at a Massachusetts lodging facility.
What is Premises Liability in Massachusetts?
Premises liability is a legal concept that holds property owners responsible for maintaining reasonably safe conditions for those who visit or use their property. In Massachusetts, the law requires that property owners—including hotel operators and resort managers—exercise reasonable care in the maintenance and operation of their premises.
That duty includes:
- Repairing known hazards
- Conducting routine inspections
- Posting warning signs for temporary dangers
- Providing adequate lighting and security
If a hotel guest is injured because the property owner failed to meet this duty of care, the injured person may have grounds to file a premises liability claim.
Common Types of Hotel and Resort Injuries
Injuries at hotels and resorts in Massachusetts can happen in a variety of ways. Some of the most common types include:
Slip and Falls
Wet floors, poorly maintained staircases, or icy walkways can lead to slip-and-fall injuries. Under Massachusetts law, property owners must take reasonable steps to address such hazards and warn guests about potential dangers.
Pool Accidents
Improperly maintained pools, lack of supervision, or slippery deck surfaces can cause serious pool accidents. Hotels with pools have a duty to follow state safety regulations and ensure their pool areas are safe for all users.
Inadequate Security
If a hotel fails to provide adequate security to ensure the safety of guests, and one of them is assaulted or robbed as a result, the property owner may be held liable. Security responsibilities vary depending on the location and type of hotel, but they generally include secure entryways, working locks, proper lighting, and sometimes trained staff.
Elevator and Escalator Malfunctions
Massachusetts law requires regular inspection and maintenance of elevators and escalators. If a hotel or resort fails to maintain these systems and a guest is injured, the property owner could be responsible.
Food Poisoning or Contaminated Water
Injuries caused by unsafe food or drinking water are also valid grounds for a premises liability claim. Hotels must follow local health codes and ensure that their food services meet cleanliness standards.
Proving Liability in a Hotel Injury Case
Filing a successful claim against a hotel in Massachusetts, the injured guest must prove the following:
- The property owner owed a duty of care.
- The owner breached that duty by failing to maintain a safe environment.
- The breach directly caused the guest’s injury.
- The injury resulted in damages, such as medical bills, lost wages, or pain and suffering.
Massachusetts follows a modified comparative negligence rule. This means that if the injured party is found to be partially at fault for the accident, their compensation may be reduced by their percentage of fault. However, you must not be found to be more than 50% at fault or you may not recover any damages.
Steps to Take After a Hotel or Resort Injury in Massachusetts
If you suffer an injury at a hotel or resort, taking the right steps can protect your health and strengthen your potential legal claim:
- Seek medical attention: Always prioritize your health.
- Report the incident: Notify hotel management and ask for a written report.
- Document everything: Take photos of the scene, your injuries, and any contributing hazards.
- Get witness information: If anyone saw the incident, ask for their contact details.
- Avoid signing anything: Do not sign waivers or settlement agreements without speaking to an attorney.
- Contact a lawyer: An experienced personal injury attorney can guide you through the legal process and negotiate with the insurance company on your behalf.
Time Limits for Filing a Claim in Massachusetts
Massachusetts has a statute of limitations for personal injury claims, including those involving hotel or resort accidents. In most cases, the deadline to file a lawsuit is three years from the date of the injury. Waiting too long can result in losing your right to recover compensation.
Call Brandon J. Broderick For Legal Help
If you or a loved one has been injured while staying at a hotel or resort in Massachusetts, don’t try to navigate the legal process alone. Brandon J. Broderick, Attorney at Law, has experience handling complex premises liability cases and is committed to standing up for injury victims.
We understand how these incidents can affect your health, finances, and overall peace of mind. Let us help you hold negligent property owners accountable. Contact our team today for a free consultation and find out how we can support your recovery and your case.