A slip and fall accident can ruin a resort vacation, and the results can be life-altering, especially if the injury is severe. Resorts can be held liable for a visitor’s injuries, and accidents can happen for numerous reasons. A beach resort would offer different amenities than a ski resort, but the resort’s liability in slip and fall accidents on their property is likely the same.
Slip and fall accidents can result in an array of injuries ranging from minor to severe, such as sprains, broken bones, cuts and bruises, spinal cord injuries, and traumatic brain injuries (TBIs). Some injuries from a slip and fall accident can result in lifelong pain or disability.
What Are the Resort’s Duties to Visitors?
Resorts have a duty to provide reasonable care and protection to visitors on their property. When you are a visitor of a resort, you are considered an invitee and therefore you are entitled to protection throughout your stay. Resorts are responsible for regularly inspecting grounds, buildings, rooms, swimming pools, kitchens and dining areas, and constantly maintaining the property is safe for visitors. Resorts are duty-bound to immediately address dangerous conditions to protect visitors from harm. Some typical duties resorts should take to protect visitors include:
- Providing and maintaining proper lighting throughout the grounds.
- Ensuring indoor and outdoor walkways, flooring, and steps are dry and unobstructed.
- Repairing equipment and furniture visitors will be using in public and private rooms.
- Maintaining security through the use of security cameras or security guards to prevent assaults, thefts, and more.
- Regularly checking that all locks on hotel rooms, exterior doors, and other areas of the resort are working properly.
- Ensuring that all furniture, plumbing fixtures, bathroom safety bars, smoke detectors, and equipment in visitor rooms are functioning properly.
- Maintaining elevators, posting proper information, and warning signs when repairs are needed.
- Installing proper signage for exits, emergency exits, stairways, slippery conditions, and in any area undergoing repair or construction.
What Should I Do if I Suffer a Slip and Fall Accident at a Resort?
Your actions at the time of the accident are invaluable to your case, as you will need to prove that the resort caused your slip and fall injury. If you are physically able, you should gather as much information as you can. Some steps you should follow include:
- Tell the manager. Alert the manager of your injuries and what caused them. The resort is obligated to file a report of the incident, and it is key that the manager is aware of the situation as soon as possible, especially to formally link your injury to the resort’s negligence. Make sure to inform the manager that you request a copy of the incident report the resort will be filing.
- Obtain the resort’s contacts. Write down the resort manager’s name and contact information, and make sure to also acquire the resort’s insurance information as well.
- Seek medical attention immediately. Regardless of the extent of your injuries, go to an emergency room, or see a physician to establish a professional opinion. Many accidents can cause injuries that are not immediately obvious but may impact you later. Not doing so could affect your personal injury claim.
- Employ witnesses. In such a busy environment, there are bound to be witnesses to your accident, including family or friends. Gather names, contact information, and statements from everyone involved.
- Photograph everything. You or someone with you will likely have a cellphone. Use it to take photographs or videos of the incident. Record your injuries, the surroundings, such as if lights are not working or if it is a slippery location that has no warning signs. You can even record witness statements through video as well.
Is the Resort Liable for My Injuries?
Determining fault in a slip and fall accident requires proving negligence. Each case is unique, and placing blame will be based on whether it can be proven the resort failed to keep you safe. Proving negligence hinges on two factors: whether resort staff were aware of the condition that caused your accident and how much the resort had control of the situation.
Lawyers and insurance companies for the resort will more than likely fight your claim, so the burden of proof on whether the resort is at fault for your accident could be your responsibility. However, this does not necessarily mean they will be successful in refuting your claim.
Laws vary by location, but the resort is obligated to take reasonable steps to make sure visitors’ safety is the number one priority against foreseeable accidents. One such circumstance would be sleet. Sleet causes parking lots and walkways to become icy and slippery, therefore, staff should address that danger so visitors can stay safe. Failure to do so in a reasonable timeframe would make the resort negligent if accidents occur from ice buildup.
If you have suffered a slip and fall injury at a resort, it is imperative that you work with a seasoned lawyer to establish negligence.
Mount Laurel Slip and Fall Lawyers at the Law Office of David S. Rochman Advocate for Clients Injured in Resort-Related Slip and Fall Accidents Suffering a slip and fall accident while visiting a resort can be devastating. Our Mount Laurel slip and fall lawyers at the Law Office of David S. Rochman can help if you sustained injuries from a slip and fall accident at a resort. Call us at 856-751-2345 or contact us online for a free consultation. Located in Mount Laurel, New Jersey, we serve clients throughout the surrounding areas.