No Win, No FeeIf you have been injured in an accident in a hotel caused by the negligence of a hotel owner or their staff, you could claim compensation by filing a hotel accident claim against the responsible party. In this article on hotel accident claims, we’ll look at what sorts of accidents could lead to a claim and how the personal injury claims process works. Whether you’ve been injured by damaged hotel furniture or suffered food poisoning after eating in a hotel restaurant, we are here to help.
Our team of claims advisors provide a free case review to anyone who calls for advice. In addition to reviewing your options, our team will offer legal advice on filing a hotel accident claim. If it seems likely that you could receive compensation for the accident, a personal injury lawyer from our panel will discuss your case with you. Should they agree to take on your claim, you will be represented on a No Win, No Fee basis.
If you’d like to begin a hotel accident claim today, please call us on 0800 652 1345 right away. Otherwise, please continue reading to learn more about when you could be compensated for injuries sustained in a hotel.
Am I Entitled to Compensation for a Hotel Accident?
For a hotel accident claim to be successful, you will generally need to prove:
- The owners or operators of the hotel owed you a legal duty of care.
- This duty was breached due to a negligent act that led to an incident at the hotel.
- You sustained injuries or illness as a direct result of this accident.
Hotels almost always owe a duty of care to staff, guests, and visitors to ensure everyone’s safety while on the premises. This duty of care means that hotels must actively manage and maintain their property, conduct regular safety checks, provide necessary safety information, and quickly address potential hazards to prevent accidents and injuries. If a hotel fails in this duty and someone is injured as a result, the injured party may have grounds for a compensation claim.
Common Examples of Hotel Accident Claims
Whether you’re staying in a UK hotel or as part of a package holiday abroad, you could claim compensation if you’re injured in an accident that wasn’t your fault. Hotels have a legal duty under the Occupiers’ Liability Act 1957 to keep their premises reasonably safe for guests. Some common examples of hotel accidents that could lead to a personal injury claim include:
- Damaged furniture accidents: Hotels must maintain items like chairs, beds, and tables. If poorly maintained furniture collapses or causes a cut or injury, you may have grounds to claim.
- Food poisoning: Like any food business, hotels must store, prepare, and cook food safely. If you become ill from food poisoning after eating at a hotel restaurant or buffet, compensation may be possible.
- Scalds and burns: A faulty shower thermostat or overheated tap water could cause serious scalding, which might justify a claim.
- Gym injuries: If unsafe or poorly maintained gym equipment causes you to be injured in a gym, the hotel may be held responsible.
- Swimming pool incidents: Hotels must manage hazards like slippery surfaces near swimming pools and changing rooms. If staff fail to clean up excess water or provide warning signs, and you slip as a result, you could claim.
- Slips, trips and falls: If the negligence of hotel staff or management causes you to fall and injure yourself, you might seek damages for your suffering. For instance, you could claim if you tripped and fell on a ripped carpet that hasn’t been repaired for some time.
- Food allergies: Hotels must clearly display allergen information. If you suffer an allergic reaction due to undeclared ingredients, you may be eligible to claim.
- Damaged fixtures: It might also be possible to claim if you were injured because of damaged fixtures. For instance, you could be compensated if you fell from a balcony due to a loose railing or you fell in the shower because of a broken safety rail.
Hotel accident claims may apply to incidents in any part of the premises, including your room, the lobby, the restaurant, car park, or shared leisure areas, provided the injury was caused by the hotel’s negligence.
What Types of Hotel Injuries Can I Claim For?
The list of potential hotel injuries you could claim for is too long to include here, but some common examples include:
- Food poisoning and allergic reactions.
- Cuts, lacerations and bruises.
- Burn injury.
- Head and brain injuries.
- Broken and fractured bones.
- Electric shock.
- Tendon, ligament and other soft tissue injuries.
If you believe you’ve been injured in a hotel accident that was caused by the hotel’s negligence, please call today and let us review your chances of being compensated for free.
What Evidence Do I Need for a Hotel Accident Claim?
To make a successful hotel accident claim, you’ll need evidence to show how the accident happened, who was responsible, and how you were affected. Here are some useful steps you can take:
- Seek medical attention: Visit the nearest A&E department, call an ambulance, or see a local GP as soon as possible. A medical record of your injury will be important evidence for your claim.
- Report the accident to hotel staff: Inform the hotel management straight away and ensure the incident is recorded in their accident book. Ask for a copy of the report for your own records.
- Take photographs: Capture the scene of the accident, especially anything that contributed to your injury (such as wet floors, broken fixtures, or poor lighting). If your injuries are visible, photograph those as well.
- Request CCTV footage: If the hotel has security cameras, ask for a copy of any recordings showing the incident. This can be vital in proving what happened.
- Get witness details: If anyone saw the accident, ask for their names and contact information in case a statement is needed later.
- Keep receipts and expense records: Hold onto anything that shows the financial impact of your injury, including medical costs, transport fees, or cancelled bookings.
- Keep a symptom diary: Record how your injury affects you day-to-day, including pain levels, mobility issues, sleep problems, or emotional distress. This can help demonstrate the ongoing impact of your injury.
As part of your free consultation, we’ll review any evidence you have, so please call today if you’d like us to check anything you’ve secured so far.
What Is the Time Limit to Make a Hotel Accident Claim?
The amount of time you’ll have to claim compensation for a hotel accident will vary depending on the way you booked. The time limits that will apply are:
- 3 years from the date of your accident in a UK hotel.
- 3 years for injuries sustained in hotels abroad booked as part of a package holiday.
- For accidents in foreign hotels that were booked independently, the time limit will be based on local laws.
If your child was injured in a hotel, the time limit won’t apply for UK or package holiday hotel accident claims. Instead, you’ll be able to take action on their behalf at any point before they reach their 18th birthday.
Our recommendation is to start your hotel accident claim as soon as possible. If you do, your solicitor will have plenty of time to secure evidence to substantiate your claim. Also, in some cases, they may be able to request an interim payment so that you can be treated at a private hospital to help you recover sooner.
How Much Compensation for a Hotel Accident Can I Claim?
Several factors are used to determine what settlement amount you’ll request from the hotel for your injuries. The heads of loss used in hotel accident claims are general damages (pain and suffering) and special damages (expenses).
Without having all the details to hand about your claim, it’s difficult to say how much compensation you could be paid. However, you could be compensated for any of the following:
- The pain and suffering your injuries (and treatment) caused.
- Loss of amenity.
- Costs linked to replacing any personal property damaged during the accident.
- Travel costs you’ve incurred that are linked to your injuries.
- The cost of a carer.
- Loss of enjoyment of your holiday or trip.
- Any psychological injury caused by distress, anxiety or depression.
- Medical and rehabilitation costs.
- Adaptations to your car or home that will make life easier if you’ve sustained long-term injuries.
It’s important to get this process right because you want to be fully compensated for your suffering and any losses.
Can I Claim for Loss of Earnings Due to a Hotel Accident?
Yes, you may be able to claim for loss of earnings if your injuries from a hotel accident meant you couldn’t work during your recovery or while receiving treatment.
This could include lost salary, bonuses, overtime, or commission, as long as you can provide evidence, such as payslips or employer confirmation.
If you’re self-employed, you’ll usually need to submit business accounts, invoices, or tax returns to show how your income was affected. Loss of future earnings may also be considered if your injuries have a long-term impact on your ability to work.
Will I Need a Solicitor to Claim Hotel Accident Compensation?
There is no legal requirement to use a solicitor in a hotel claim, but having a specialist handle the process on your behalf can make things easier, especially if arguments about liability or settlement amounts are raised.
As mentioned at the start of this article, our panel of solicitors provide a No Win, No Fee service for any hotel accident claims they take on. This means they won’t need paying upfront and you won’t be billed for their work if the claim fails.
The type of No Win, No Fee agreement our panel of solicitors use is called a Conditional Fee Agreement (CFA). It sets out the work they’ll complete for you and what they must achieve before you need to pay them.
If compensation is awarded, your solicitor will deduct an agreed percentage of your compensation. This is called a success fee and covers all of your solicitor’s work and expenses. So that you know about the fee from the start, it is listed clearly in your CFA.
Hotel Accident Claims Frequently Asked Questions
Can I Claim if I Was Injured Working at a Hotel?
Yes, if you were injured while working in a hotel, whether as a cleaner, chef, receptionist, or in any other role, you may be able to claim compensation. Like all employers, hotel management has a legal duty to keep staff safe. As such, if your injury was caused by your employer’s negligence, you could be eligible to claim for your injuries, lost earnings, and other related costs.
We may be able to help you start a claim on a No Win, No Fee basis. Please get in touch to find out more.
What Happens if I Was Injured in a Foreign Hotel?
If you are injured in a hotel on holiday abroad, we could still help you claim compensation. In many cases, UK laws will apply if you booked your hotel as part of a package holiday. In general terms, this means you’ll have bought at least two main parts of your holiday from the same company (flights, excursions and accommodation etc).
Package holiday hotel claims will usually be made against the holiday company because they will have a duty of care to ensure the venue you booked with them is safe. If you booked your hotel independently, you could still claim compensation for any injuries but local laws will apply.
Will I Be Required to Undergo a Medical Assessment?
In most hotel accident claims, a medical assessment will be needed to support your case. If required, your solicitor will arrange a local appointment with an independent medical expert who will assess the injuries you sustained in the accident. During the assessment, the expert will ask how the accident happened, examine your injuries, and discuss how they’ve affected your day-to-day life.
After the appointment, a medical report will be prepared. This report outlines your diagnosis, prognosis, and any long-term impact of the injuries, and it will be shared with all parties involved in the claim.
Start a Hotel Accident Compensation Claim Today
Starting a hotel accident claim with us is easy. All you need to do is register your interest with one of our specialist advisors on 0800 652 1345. Whatever you choose to do, they’ll review your case and provide free legal advice. If your claim appears to be suitable, they’ll put you in touch with one of our No Win, No Fee solicitors.
Thank you for reading our article on hotel accident claims, and please use live chat to contact us or request a consultation here if you have any further questions.
