Most people that stay in hotels do so because they are on vacation or business trips. They want to relax and not have to worry about anything going wrong. But unfortunately, accidents can happen anywhere, and sometimes they occur in hotels. If you’ve suffered from an NYC hotel accident, there are a few things you should know before seeking legal help.
Who's Liable?
One of the first things you'll want to find out is who's liable for the accident. The hotel will be held responsible if a hotel employee causes an accident. However, if another guest caused the accident, you may have to file a lawsuit against that person. Negligence on the part of the hotel can also lead to liability.
For example, if the hotel did not maintain the property, which led to your accident, you may have a case against the hotel. Other issues that could cause the hotel to be negligent could include:
- Poorly lit areas
- Wet floors with no warning signs
- Exposed wires
- Broken elevators
If you're unsure who's liable for your accident, you should speak to a personal injury lawyer. They will be able to help you figure out who's at fault and what your next steps should be.
How Do You Prove Negligence?
Proving negligence can be tricky, but it's essential if you want to file a lawsuit against the hotel. To prove that the hotel was negligent, you'll need to show that they owed you a duty of care and breached that duty. You'll also need to show that their breach of duty led to your NYC hotel accident and that you suffered injuries.
Gathering evidence to support your claim is essential. You'll want to take pictures of the scene of the accident and get the contact information of any witnesses. You should also keep all your medical records and receipts for the accident. An experienced personal injury lawyer will be able to help you gather the evidence you need to prove your case.
What Are Your Damages?
If you're planning on filing a lawsuit, you'll need to know what kind of damages you can recover. In general, you can recover both economic and non-economic damages. Economic damages have a specific monetary value, such as medical bills and lost wages. Non-economic damages are those that don't have a particular monetary value, such as pain and suffering.
In some cases, you may also be able to recover punitive damages. Punitive damages are meant to punish the person who caused your accident and deter them from doing it again. They are only awarded in cases where the defendant's actions were reckless or egregious.
The amount of damages you can recover will depend on the severity of your injuries. For example, suppose you've suffered significant injuries that have caused you a lot of pain and suffering. In that case, you may be able to recover more in damages than someone who has only suffered minor injuries.
How Long Do You Have To File a Lawsuit?
In New York, you generally have just over one year to file a personal injury lawsuit. However, there are some exceptions to this rule. For example, if the accident occurred on government property, you may have less time to file a notice of claim. You may also have less time to file if the accident involved a minor.
If you're unsure how much time you have to file a lawsuit, you should speak to a personal injury lawyer as soon as possible. They will be able to look at the specifics of your case and let you know how much time you have to take legal action.
Common Causes of NYC Hotel Accidents
A variety of accidents can occur in hotels, but some are more common than others. Some of the most common causes of hotel accidents include:
Slips and falls: Wet floors are among the most common causes of slips and falls in hotels. If a hotel employee doesn't clean up a spill promptly, someone could slip and fall. This can often lead to severe injuries, such as broken bones or head injuries.
Elevator accidents: Elevators are another common cause of accidents in hotels. If an elevator is not maintained correctly, it could break down and trap people inside. This can often lead to severe injuries, such as crush injuries or traumatic brain injuries.
Fire accidents: Fires are another common cause of hotel accidents. If a hotel doesn't have proper fire safety measures in place, a fire could start and spread quickly, which can often lead to severe injuries, such as burns or smoke inhalation.
Brandon J Broderick, Attorney at Law, NYC Hotel Accident Attorney
If you’ve been injured at a hotel in New York City or anywhere in New York State, contact us to discuss your options. One of our trusted team members will listen to your story, learn about your case, and can advise you on the next steps. Many of our clients feel a sense of relief once they make that first phone call.
Locations across New York City and the entire tri-state area, including Manhattan, the Bronx, Brooklyn, Queens, New Jersey and Connecticut. Contact us today for a free consultation.