You came to New Orleans to enjoy everything the city has to offer, not to deal with a hotel injury. However, accidents happen and when they do, you may be wondering whether the hotel is responsible and whether you have any options as an out-of-state guest.
Under Louisiana law, hotels owe their guests a duty of care, and when they fall short of that standard, you may have a legal claim regardless of where you live.
What is the duty of care of New Orleans hotels?
When you check into a New Orleans hotel, the law requires that hotel to keep its premises reasonably safe for you. That means inspecting for hazards, fixing dangerous conditions in a timely manner and warning you about known risks.
Your hotel is also responsible for maintaining adequate security to protect you from foreseeable criminal acts, controlling pest infestations and ensuring that equipment, furniture and common areas are properly maintained.
What types of injuries can lead to hotel liability?
Hotel liability claims can arise from a wide range of situations, including:
- Slip and falls on wet floors, poorly lit stairwells or uneven surfaces
- Injuries caused by broken or defective furniture and equipment
- Assaults or crimes resulting from inadequate security
- Bed bug infestations
- Injuries from falling objects or poorly maintained common areas
You do not have to suffer your injury inside your hotel room for a claim to apply. As long as the incident happened on hotel property, including parking lots, elevators, pools and on-site restaurants, the hotel can still face liability.
How do you prove a hotel was at fault for your injury?
Establishing hotel fault requires proving four things:
- The hotel had a legal obligation to keep you safe.
- The hotel failed to meet that obligation.
- The failure directly caused your injury
- You suffered damages as a result.
The most contested element is usually knowledge. A hotel can be liable if it knew about the dangerous condition or if the hazard existed long enough that staff reasonably should have discovered and addressed it. Maintenance records, incident reports, surveillance footage and witness accounts can all be critical to building your case.
What damages can you recover after a hotel injury?
If you can establish liability, you may be entitled to compensation for medical expenses, lost wages, pain and suffering and other losses. Louisiana gives you two years from the date of your injury to take legal action. Missing that deadline can bar your claim entirely.
If you suffered an injury at a hotel during your visit to New Orleans, the process of pursuing a claim can feel overwhelming, especially from out of state. Speaking with an experienced lawyer can help you move forward without having to handle Louisiana’s legal system on your own.