Hotel and Resort Injuries in Florida: Can You File a Claim?

Florida is a top travel destination, especially during the winter months when both international tourists and Northern ‘snowbirds’ flock to the Sunshine State to escape the cold. From Miami’s luxury resorts to Orlando’s theme park hotels and the Gulf Coast’s beachside retreats, the hospitality industry sees a massive influx of visitors between November and April. However, with increased occupancy comes a higher risk of accidents and injuries on hotel and resort properties.

If you or a loved one has suffered an injury at a Florida hotel or resort, you may be wondering whether you can file a claim. This guide will explain common hotel and resort injuries, who may be liable, and how a Florida hotel injury attorney can help you seek compensation.

The High Risk of Hotel and Resort Injuries in Florida’s Peak Season

During the winter months, Florida experiences a sharp increase in tourism. The combination of large crowds, unfamiliar environments, and overworked hotel staff can create dangerous conditions. From wet pool decks to poorly maintained staircases, hazards can lurk throughout a resort, leading to serious injuries.

Common causes of hotel and resort accidents include:

• Slippery or wet floors from pool areas, spilled drinks, or recently mopped surfaces create the perfect conditions for dangerous slip and fall accidents.
• Inadequate security, which can lead to assaults, theft, or other crimes.
• Poorly maintained property, including broken furniture, loose handrails, and faulty elevators.
• Food poisoning from contaminated or improperly stored food in hotel restaurants.
• Drowning or pool-related injuries due to lack of supervision or defective equipment.
• Defective gym or spa equipment, leading to injuries during workouts or massages.

With the high volume of guests during the winter season, hotel staff may struggle to keep up with safety protocols, increasing the likelihood of accidents.

Can You File a Claim for a Hotel or Resort Injury?

If you were injured at a Florida hotel or resort, you may be able to file a premises liability claim. Hotels and resorts have a legal obligation to maintain a safe environment for their guests. When they fail to do so, they can be held liable for injuries that occur on their property.

What Is Premises Liability?

Premises liability refers to a property owner’s responsibility to keep their premises safe for visitors. In Florida, hotels and resorts fall under the category of “business invitees,” meaning they owe guests the highest duty of care. This includes:

• Regularly inspecting the property for hazards.
• Fixing dangerous conditions promptly.
• Warning guests about potential risks (such as wet floor signs).
• Providing adequate security to prevent crimes or assaults.

If a hotel or resort fails to meet these obligations and you suffer an injury as a result, you may have grounds for a personal injury lawsuit.

Who Is Liable for Your Injury at a Hotel or Resort?

Determining liability in a hotel or resort injury case can be complex. Multiple parties may be responsible, depending on the circumstances of your accident.

1. The Hotel or Resort

The hotel or resort itself is often the primary party responsible for maintaining safety. If the injury was caused by hazardous conditions, improper maintenance, or negligent security, the hotel may be held liable.

2. Third-Party Vendors

Many hotels and resorts rely on third-party vendors for services such as food catering, transportation, and excursions. If you were injured due to food poisoning at a hotel restaurant or during a hotel-sponsored excursion, the vendor may share liability.

3. Security Companies

If you were the victim of assault or theft due to negligent security, the hotel’s security company may be held responsible for failing to provide adequate protection.

4. Maintenance Companies

If an elevator malfunctioned, a balcony railing collapsed, or another structural failure occurred, the maintenance company responsible for inspections and repairs could be liable.

A skilled Florida hotel injury attorney will investigate your case to determine all responsible parties and help you pursue the maximum compensation.

Steps to Take After a Hotel or Resort Injury in Florida

If you are injured at a Florida hotel or resort, taking the right steps can protect your health and strengthen your case.

1. Seek Medical Attention

Even if your injuries seem minor, getting medical treatment immediately is crucial. Not only will this ensure your well-being, but it also creates a medical record linking your injuries to the accident.

2. Report the Incident to Hotel Management

Notify the hotel or resort staff as soon as possible and ask them to document the incident. Request a copy of the incident report, as this will serve as key evidence in your claim.

3. Take Photos and Gather Evidence

• Photograph the scene of the accident, including any hazards (wet floors, broken stairs, poor lighting, etc.).
• Take pictures of your injuries.
• Collect contact information from witnesses who saw what happened.

4. Do Not Sign Any Waivers or Give Statements

Hotel management may try to have you sign a waiver or accept a settlement offer on the spot. Avoid signing anything without consulting a Florida hotel injury attorney, as you may be signing away your right to full compensation.

5. Contact a Florida Hotel Injury Attorney

An experienced attorney will help you file a claim, negotiate with insurance companies, and fight for the compensation you deserve.

What Compensation Can You Recover in a Hotel or Resort Injury Claim?

If you were injured due to a hotel or resort’s negligence, you may be entitled to compensation for:

• Medical expenses (hospital bills, surgery, therapy, medications).
• Lost wages (if you missed work due to your injury).
• Pain and suffering (physical pain, emotional distress, PTSD).
• Property damage (if your belongings were damaged or stolen due to negligence).

In cases of gross negligence, such as failing to fix known hazards, punitive damages may also be awarded.

Why You Need a Florida Hotel Injury Attorney

Filing a claim against a hotel or resort can be challenging, as large hospitality companies often have legal teams ready to dispute claims. A skilled Florida premises liability lawyer will:

• Investigate the case and gather evidence.
• Identify all liable parties (hotel, third-party vendors, maintenance companies).
• Negotiate with insurance companies for a fair settlement.
• Take your case to court if necessary.

With an attorney by your side, you can focus on recovery while they fight for your legal rights.

Final Thoughts: Protect Your Rights After a Florida Hotel Injury

Florida’s high tourist season brings an increase in hotel and resort injuries. If you or a loved one has been hurt due to unsafe conditions, you have the right to file a claim and seek compensation.

Do not let a hotel’s negligence go unchecked. Contact a Florida hotel injury attorney today to discuss your case and ensure your rights are protected.

Have You Been Injured at a Florida Hotel or Resort?

If you’ve suffered an accident at a Florida hotel, resort, or vacation rental, call a premises liability lawyer today for a free consultation. You deserve compensation for your injuries, and a skilled attorney can help you navigate the legal process.

Since 1963, Wolfson & Leon has proudly served accident victims across Florida:

• Miami
• Orlando
• Tampa
• Jacksonville
• Fort Lauderdale
• West Palm Beach
• Fort Myers
• Cape Coral
• Sarasota
• Clearwater
• Tallahassee

Let us help you get back on the road to recovery. Call (305) 285-1115 today, and our team will handle your case with the personal care and attention you deserve.

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