The Supreme Court of Kentucky recently published an opinion in a slip-and-fall case that was appealed to the court by the plaintiff. According to the opinion, the accident occurred in 2011 when a guest and his wife were attending a convention at the defendant hotel. Evidently, the plaintiff slipped and injured himself when he was getting into a bathtub in his hotel room. According to the facts as determined by the appellate court, the bathtub did have a safety bar, but it did not have a bathmat. After his injury, the plaintiff notified the hotel of his injury, and employees subsequently provided him with a bathmat.
The guest filed a lawsuit against the hotel. The plaintiff’s premises liability claim asserted that he was an invitee of the hotel, the bathtub was slick and should be considered a dangerous condition, the hotel failed to exercise reasonable care in maintaining the bathtub, and his injuries were a result of the hotel’s negligence.
The hotel filed a motion to dismiss the case, and the lower court granted summary judgement, holding that the hotel did not assume the duty to provide bathmats to all of the rooms just because some of the rooms had them. The court also held that a hotel is not “an insurer of a guest’s safety.” The plaintiff appealed this decision all the way to the state supreme court. That court reversed the lower court’s decision and found that the hotel did have a duty to take reasonable steps to address and mitigate any dangerous conditions at their hotel. The question remains whether the hotel took adequate measures to protect the plaintiff, so the case was remanded back to the lower court for further analysis.
New Mexico Premises Liability Cases Arising Out of Hotel Injuries
As the above case illustrates, just because someone was injured at a hotel does not necessarily mean that establishing liability will be straightforward. To bring a successful personal injury lawsuit against a hotel or hotel employee, it is important that the victim or their representative establish that the hotel owed them a duty, that it breached that duty, and that the breach of that duty resulted in an injury.
Generally, guests at a hotel are considered “invitees.” That means that they are normally entitled to the highest level of protection. Hotels have a duty to maintain their property in a safe condition. This does not only mean repairing potentially dangerous hazards but also taking steps to make sure that other potentially undiscovered dangers do not exist.
If it is determined that a breach of a duty has occurred, the victim must still show that the hotel was the actual or proximate cause of the injuries that they suffered.
Have You Been Injured Because of the Negligence of Another Party in New Mexico?
If you or a loved one has been injured because of the negligence of another person or company, you should strongly consider contacting one of the dedicated attorneys at the Fine Law Firm. Personal injury cases stemming from premises liability issues can be more complex than they seem. An attorney at the Fine Law Firm can help you navigate this area of the law and assist you in seeking the compensation you deserve. You may be entitled to damages, including payment for your past medical bills, future medical costs, and your pain and suffering. Contact an attorney at the Fine Law Firm at 800-640-6590 to schedule your free initial consultation.
More Blog Posts:
Court Dismisses Medical Malpractice Case Due to Plaintiff’s Failure to Comply with Statute of Limitations, New Mexico Personal Injury Lawyer Blog, November 15, 2016.
Woman Awarded $1.2 Million Verdict in Grocery Cart Injury Case, New Mexico Personal Injury Lawyer Blog, October 18, 2016.