Vermont’s scenic mountains, charming inns, and upscale resorts attract thousands of visitors year-round. Whether it’s a ski trip to Stowe or a summer stay near Lake Champlain, travelers expect their accommodations to be safe. Unfortunately, not all hotel and resort experiences go according to plan. When accidents happen on hotel property, (slip and falls, elevator malfunctions, pool injuries) the question of legal responsibility arises.
Under Vermont premises liability law, hotels and resorts have a legal duty to maintain safe conditions for guests. When they fail to meet that duty, and someone is injured as a result, the injured party may have grounds to file a claim. Understanding how premises liability works in Vermont is the first step toward seeking compensation.
Understanding Premises Liability in Vermont
Premises liability is a branch of personal injury law that holds property owners responsible for hazardous conditions on their property. In Vermont, hotels and resorts owe a duty of care to guests, meaning they must take reasonable steps to prevent foreseeable injuries.
What constitutes "reasonable" care depends on the circumstances, but common responsibilities include:
- Inspecting the property regularly for hazards
- Promptly repairing known defects
- Warning guests of potential dangers
- Following state and industry safety regulations
When these responsibilities are ignored or carried out carelessly, and a guest is harmed, the hotel may be legally liable.
Common Hotel and Resort Accidents
While every case is unique, some types of injuries are more frequently reported in hospitality settings. Vermont’s climate and tourist economy introduce specific risk factors not seen in every state.
Slip and Falls
One of the most common incidents on hotel property, slip and fall accidents can happen due to:
- Wet or icy walkways, particularly during Vermont winters
- Spills left unattended in dining areas
- Poorly maintained carpets or flooring
- Dim lighting in stairwells or hallways
Falls can lead to broken bones, head injuries, or spinal damage, especially in older adults.
Pool and Spa Injuries
Resorts often feature pools, hot tubs, and saunas. Without proper supervision or maintenance, these areas can become dangerous. Common causes include:
- Improper chemical balance in the water
- Slippery surfaces around the pool
- Lack of lifeguards or clear signage
- Defective pool equipment or drain covers
Children are especially vulnerable in these environments, and injuries can range from minor abrasions to near-drowning incidents.
Inadequate Security
Hotels have a duty to protect guests from foreseeable criminal activity. Inadequate security measures such as broken locks, lack of surveillance, or poorly lit entrances can lead to assaults, theft, or worse. If management knew about a security threat and failed to act, they may be held liable.
Elevator and Escalator Malfunctions
Guests reasonably expect elevators and escalators to function properly. Mechanical failure, lack of routine inspections, or negligent maintenance can cause serious injuries. Vermont law requires that these systems meet specific safety codes, and failure to comply can be used as evidence of negligence.
Foodborne Illness
Restaurants within resorts can be a source of liability when food safety protocols are ignored. Improper storage, cross-contamination, or undercooked food can result in severe gastrointestinal issues or even hospitalization.
Proving a Premises Liability Claim in Vermont
To bring a successful claim under Vermont law, the injured guest must prove the following elements:
- Duty of Care
The hotel owed a duty to maintain a safe environment. This is almost always true for paying guests. - Breach of Duty
The hotel failed to meet the standard of care—whether by ignoring a hazard, delaying repairs, or failing to warn guests. - Causation
The unsafe condition directly caused the injury. This connection must be supported with clear evidence, such as photos, witness statements, or medical records. - Damages
The guest suffered actual harm, such as physical injuries, lost wages, or medical expenses.
Vermont applies a modified comparative negligence rule. This means that if the injured party is found partially at fault—say, 20% for not watching where they were walking—their compensation will be reduced by that percentage. However, if they are more than 50% at fault, they cannot recover damages at all.
Time Limits: Vermont’s Statute of Limitations
Vermont allows three years from the date of the injury to file a premises liability lawsuit. Failing to act within this period generally means losing the right to seek compensation. That’s why it’s important to speak with an attorney as soon as possible after an accident.
What to Do After a Hotel Injury in Vermont
If you’ve been hurt on hotel or resort property, your actions in the hours and days following the incident can significantly impact your claim. Consider the following steps:
- Report the Injury Immediately: Notify hotel staff and ask for a copy of the incident report.
- Document the Scene: Take photos of the hazardous condition and your injuries, if possible.
- Collect Witness Information: If others saw the accident, their testimony can support your claim.
- Seek Medical Attention: Don’t delay seeing a doctor, even if the injury seems minor. Medical records will be important evidence.
- Avoid Giving Recorded Statements: Insurers or hotel representatives may ask for one—consult with an attorney before agreeing.
Challenges in Resort Liability Cases
Hotels and resorts often have legal teams and insurance companies working to minimize payouts. They may argue that:
- The hazard was "open and obvious"
- The guest was careless
- The hotel wasn’t aware of the condition in time to fix it
- The injury was pre-existing
To counter these defenses, it’s essential to work with a law firm experienced in handling Vermont premises liability cases.
Why Local Experience Matters
Resort injury claims often involve out-of-state visitors who are unfamiliar with Vermont laws. Having a Vermont-based legal team can make a substantial difference. A lawyer familiar with local court procedures, hospitality industry standards, and regional weather-related hazards can build a stronger, more tailored case.
Call Brandon J. Broderick For Legal Help
If you’ve been injured at a hotel or resort in Vermont, don’t face the legal process alone. The team at Brandon J. Broderick, Attorney at Law understands the complexities of premises liability and fights to ensure injured guests are fairly compensated. We know how to stand up to corporate insurers, uncover evidence of negligence, and secure results that reflect the full impact of your injuries.
Don’t wait to protect your rights. Contact Brandon J. Broderick today to schedule a free consultation and learn how we can help you move forward with confidence.