Injured at a Chicago Hotel? What You Should Know
Visiting Chicago for business or vacation can be enjoyable, especially with the comfort and amenities that local hotels provide. Unfortunately, accidents can—and do—happen in these settings. Hotels are required by law to maintain a safe environment for their guests, taking steps to prevent slips, falls, building hazards, and other injuries.
If you suffer an injury at a hotel due to unsafe conditions or oversight, you may have a compensation claim. Speaking with a caring and knowledgeable Illinois hotel accident attorney ensures your rights are protected and that you fully understand your legal options.
Common Types of Hotel Injuries in Illinois
Many types of hotel injuries can occur, ranging from accidents and injuries because of substances on the hotel restaurant floor to defective walkway surfaces, such as torn carpet and uneven or broken tile, to negligent security that results in a third-party assault.
Most types of hotel accident claims fall under the category of premises liability, a specialized area of personal injury law. The following are some of the most common hotel accident and injury claims our firm handles:
- Premises liability: There are many types of premises liability claims. These cases arise when a property owner—or anyone in possession or control of a property—fails to take reasonable steps to keep the property safe or to warn others about risks on the premises. Most hotel-related injuries are filed as premises liability claims, where the injured person must prove that the hotel failed to keep the premises in a safe condition or did not adequately warn guests about a hazard. Premises liability lawsuits can result from incidents such as slips, trips, and falls; swimming pool accidents and drownings; food poisoning at a hotel restaurant; or negligent security.
- Slips, trips, and falls: Slips, trips, and falls can occur almost anywhere in a hotel, resulting in severe and even fatal injuries. Most often, hotel slips and falls occur due to liquids or food left on the floor. Trips and falls can also occur in areas with cluttered walkways, damaged or uneven carpeting or flooring, inadequate lighting, or insufficient handrails in stairways. In any of these circumstances, the hotel staff must provide guests with a barricade or warning and actively remove the hazard(s) to remedy potential injuries.
- Swimming pools: Swimming pools at hotels can pose risks, including slips, falls, and even drowning. These incidents might happen when guests drink alcohol, safety notices aren’t clearly posted, or children swim without adult supervision. Hotels can sometimes be held responsible for injuries if they fail to supervise properly or provide clear warnings, such as having a lifeguard on duty. Because pools can be hazardous, hotel owners have a crucial role in ensuring everyone’s safety around the water.
- Negligent security and assaults: Negligent security and assaults involve hotels being liable for injuries from third-party attacks due to inadequate safety measures. This includes failing to repair faulty door locks, provide sufficient lighting, or implement security measures in high-risk areas or during events. Hotels are responsible for ensuring the safety of their guests against assaults by anyone—guests, employees, or outsiders. Negligence in these duties can make hotels liable for harm to guests.
- Food Poisoning: Hotels in Illinois may face liability for foodborne illnesses caused by negligence, including improper food handling, the use of undercooked/expired ingredients, or cross-contamination. Symptoms such as vomiting, fever, or dehydration may necessitate hospitalization. Under premises liability laws, hotels are required to comply with health codes and address unsafe food handling practices. If illness stems from their negligence, guests may recover damages for medical bills, lost wages, and pain and suffering. Always report suspected food poisoning to the hotel and the Illinois Department of Public Health, and contact our firm to discuss your case.
- Elevator or escalator accidents: Many people might not realize the potential risks involved when using elevators or escalators. These everyday machines can sometimes cause serious injuries or even be deadly. As reported by the Center for Construction Research and Training, there are about 30 deaths and around 17,000 injuries each year due to elevator and escalator accidents.
In elevators, common malfunctions include:
- Failure of the pulley system results in a sudden drop, doors that will not close, and exposes riders to the elevator shaft.
- Electrical wiring issues that lead to sudden drops, improper leveling of the elevator with the floor when it comes to a stop, can cause a trip and fall.
- Faulty doors that close on a rider’s hand or other body part and cause injury.
- Improper repairs.
Escalator accidents commonly involve:
- Loose or missing screws or teeth on the elevator track can result in clothing getting caught,
- Faulty alignment of the steps can also lead to hands being entrapped,
- Missing steps, broken steps, or an electrical issue.
Common hotel injuries include falls from heights, slips or trips and falls, broken bones, crush injuries, and traumatic brain injuries. Hotels may be liable for any of these accidents if they fail to maintain the elevator or escalator adequately or to repair a hazard.
- Hotel liability for employee conduct: When a hotel employee harms a guest through a negligent act or failure to act, the hotel may be held liable for that employee’s actions under the legal doctrine of “respondeat superior.” Under this doctrine, when an employee acts within the scope of their employment and causes an injury to another person, the employer may be liable.
What to Do After a Hotel Injury
After a hotel injury, your next steps can be essential to determine whether your rights are protected. Preserving and gathering evidence, including witness interviews, is needed to support your claim and your ability to seek financial compensation for your losses. Generally, after an accident happens at a hotel, it is important to take the following steps:
- Get medical attention as soon as possible. Safety first, since some injuries may not cause immediate signs or symptoms.
- Document the scene of the accident as well as you can. Take photographs of the scene and your injuries. When taking photographs of the accident scene, capture images of the broader area, as well as close-up shots of anything that caused the accident (such as a liquid spill) and detailed pictures of any injuries.
- Obtain contact information for witnesses, including anyone who saw the accident or may have experienced the same hazard on the hotel property. Since all hotel guests are transient, tracking contact information for other witnesses or guests later on can be challenging. Hotel employees’ contact information should also be noted since an employee who witnessed the accident or observed the hazard on the property may be a valuable witness in your case.
- Speak with a confident, caring, experienced hotel accident attorney in Illinois who can provide a free consultation regarding your claim against the hotel.
Filing an Accident Claim from Out of State
Some people are concerned that they cannot file a hotel accident and injury claim because they reside in another state. However, our injury attorneys want to clarify that you can file a lawsuit even if you do not live in the state where the accident occurred.
In most hotel accident claims, the injured plaintiff can file a lawsuit in the state where the hotel is located and where the injury occurred without needing to be present in that state. Put simply, you can return home after a hotel accident, and our Chicago hotel accident attorneys can handle the claim for you in Illinois.
Elements of a Hotel Accident and Injury Claim: What Do You Need to Prove?
Most hotel accident and injury claims are premises liability cases. While the specific elements that you will need to prove will depend upon the particular facts of your case, the following are the general elements you will need to show to win a premises liability lawsuit against a hotel:
- The hotel owed you a duty of care as a guest or visitor.
- The hotel breached its duty of care due to negligence, which involves failing to maintain the property in a reasonably safe manner or to warn about hazards.
- The hotel’s negligence caused your injuries and
- You suffered damages as a result of the hotel’s negligence.
Statute of Limitations for Hotel Accident and Injury Claims
When hotel injuries happen at hotels or motels in Chicago or elsewhere in Illinois, a compensation claim will likely be filed in Illinois. Accordingly, it will be essential for you to file your claim before the Illinois statute of limitations deadline expires.
Under Illinois law, most hotel accident lawsuits must be filed within two years from the date of the accident that caused your injuries. If you fail to file your lawsuit within those two years, your claim can be time-barred.
In cases where a hotel accident results in the death of a loved one, you should know that the statute of limitations will also be two years. The clock on that statute of limitations will start ticking on the date of the deceased’s death as opposed to the date of the hotel accident.
Damages in a Hotel Accident
What damages can you expect to receive if you file a hotel accident claim and win your case? Damages typically include both economic and non-economic damages, which are both types of compensatory damages. Those types of damages can compensate you for a wide range of losses, including but not limited to the following:
- Medical expenses.
- Lost wages.
- Pain and suffering.
- Prescription medication costs.
- Rehabilitative therapy.
- Loss of enjoyment of life and
- Disfigurement and scarring.
Contact an Illinois Hotel Injury Attorney Today
If you or somebody you love suffered injuries in a hotel, seeking advice from a skillful, caring Chicago hotel injury lawyer who can assist you with your personal injury claim is critical. It is important to remember that you do not have to be in the place where your hotel accident happened to file hotel injury claims. You can return home, continue to receive the medical treatment you need from your doctors, and file an injury claim against the hotel with assistance from one of our experienced Illinois hotel accident and injury attorneys.
Please don’t hesitate to contact our firm to learn how we can help you with your case. Call or text the Blumenshine Law Group at (312)766-1000 or email [email protected] today to get started on your hotel accident lawsuit.