KAYAK.com, known simply as Kayak, is an American online travel agency founded in 2004. Like many other travel marketplaces, the site offers an extensive array of lodgings, flights, rental cars, and vacation packages all around the world. While their search engine offers excellent deals, there’s no guarantee that you will end up at a safe and secure property. In fact, many travelers find themselves in dangerous or poorly managed hotels, which are prone to serious accidents. If you or your loved one suffered an injury at a property that was booked on KAYAK, the following questions may be on your mind:
- Is KAYAK responsible for an accident or injury in a hotel?
- Are they liable (responsible) if I got hurt during a hotel stay at one of their resorts?
- What is the legal process to sue KAYAK.com if I booked a motel room through them?
Depending on how you were injured, you may have grounds to sue the company, along with the hotel where you had your accident. However, lawsuits against hotel booking sites are much more complicated than those involving an actual hotel. Our lawyers are here to guide you every step of the way, with our many years of experience in hotel accident injury cases. To discuss the legal actions that are available to you, contact our law firm to schedule a free case review.
Can I Sue KAYAK for injury in hotel if I Booked a Hotel Room through them?
Normally, accidents at a hotel are the responsibility of the property owner under California’s law of premises liability. That means you would sue the hotel directly if you were hurt due to a hazard on the premises, or a failure to safeguard you from a dangerous situation that the hotel should have known about. However, there are some exceptions to this rule, which may allow you to sue KAYAK if you were harmed at a hotel, motel, or resort that you booked through their service. These exceptions include, but are not limited to:
- Hiding or removing reviews that complain about illegal / unsafe conditions at a hotel.
- Allowing or failing to remove false or misleading information about a listing from their platform.
- Failing to remove a listing from their website that’s in violation of KAYAK.com’s terms of service.
- Not assisting a traveler if they’re in distress at a hotel, motel, or resort that was booked on their website.
- Deliberate attempts to cover up allegations of criminal activity, accidents, and other dangerous conditions that indicate negligence and misconduct at a listed property.
Your hotel accident may involve different circumstances which are more complex than the examples we’ve listed above. To ensure the best possible chance of succeeding in a lawsuit against KAYAK.com, contact us right away to learn about your rights and legal options.
Potential Accidents at a Hotel booked on KAYAK.com
Every section of a hotel poses some level of risk for a serious accident. The good news is, most accidents can be prevented with reasonable care, like daily inspections of the property, adequate security measures, and fixing or removing hazards that have the potential to injure someone. Unfortunately, hotel owners and staff can become lax in their duty of care. This can easily result in the following accidents:
- Slip and fall or trip and fall
- Broken stairs / steps injury
- Drowning accident
- Bed bug injuries
- Broken chair / furniture accident
- Broken hammock injury
- Injuries from falling objects
- Elevator / escalator accidents
- Electric shock / burn injuries
- Collapsing ceiling or roof accident
- Injuries in hotel bathrooms
- Assault and battery - muggings, physical altercations, sexual assault
- Car crashes
- Hit and runs
- Injuries from defective gym equipment
- Refrigerant poisoning from broken AC
- Golf cart accidents
Our Recent Verdicts and Settlements
$2.5 Million
$1.1 Million
$1.5 Million
$600,000
$525,000
$734,851
Monetary Damages for Hotel Accident Victims
An accident injury settlement is comprised of economic and non-economic damages, which will compensate you for the losses you’ve suffered at the hands of another individual or entity. Economic damages are tangible losses, which are fairly easy to calculate. Cost of medical treatments, lost income, and property damage would fall under this category.
Now, let’s talk about non-economic losses, which are based on the level of trauma you’ve endured, and will continue to endure as a result of your accident. These damages include pain and suffering, mental anguish, and loss of enjoyment of life. These losses are much harder to calculate, but it’s essential that you take the time to figure this out with help from a knowledgeable attorney. Non-economic damages make up the bigger portion of your settlement in most cases, especially pain and suffering.
Finally, there is a category of compensation known as wrongful death benefits. This is awarded to spouses and family members of deceased injury victims. If your loved one passed away from an accident at a property that was booked on KAYAK, please speak with a wrongful death lawyer at our office. You may be entitled to benefits, such as funereal expenses, loss of consortium, loss of expected income, and pain and suffering.
Is there a Deadline to File my Lawsuit?
Yes, there is a limited amount of time to sue for an accident at a hotel, which is known as the statute of limitations. For most types of accidents, you will have two years from the date you were injured to file your lawsuit. However, the deadline may be longer depending on the circumstances of your accident, so it’s important to confirm this information with an experienced personal injury attorney. Please be aware that if you are past the statute of limitations, it will be very difficult to take legal action against the hotel or KAYAK. To get started on an accident claim, please give us a call at your earliest convenience.
Average Value of a Hotel Accident Lawsuit
As previously mentioned, your case value is based on the losses you have suffered, which will vary from case to case. As a general rule, certain accidents, like slip and falls and trip and falls, tend to have high case values – $250,000 to over $1 million when the accident site is a commercial property. Sexual assault and assault and battery incidents are high value cases as well, often resulting in settlements that range between $1 million to $7.5 million. However, it’s important to understand that these are estimates, which may not reflect what you can receive from a hotel injury claim. A hotel accident injury lawyer at our office will be happy to assist you with this issue during a free consultation.
How long does it take to Settle these Cases?
The length of time to resolve a hotel accident injury claim can vary from just a few weeks to over two years. There are many complications that can add to the case timeline, including the extent of your injuries, the amount of time that’s needed to build a strong case, and the degree of negligence by the hotel or booking site. Our goal is to recover your payment without court intervention, but it can still take anywhere from 6 to 18 months to negotiate a settlement with the responsible parties. If a lawsuit is the only option, the legal process can take 2 or more years from start to finish.
Call us for a Free Second Opinion
If you have a pending injury claim against a hotel, we may be able to assist you with a second opinion on your case. It’s always a good idea to seek the advice of another expert if you have any doubts about your lawyer’s recommendations. You may also be unhappy with the lack of communication from your attorney or the length of time it’s taking to settle your case. We are here for you, no matter the issue, so don’t hesitate to give us a call. The consultation is 100% free, even if you decide to stay with your lawyer, so there’s no loss to you by taking some time to speak with one of our attorneys.
Contact Normandie Law Firm
Getting hurt during a trip isn’t just an inconvenience; it can be life-changing for the victim’s health, as well as their ability to provide for themselves and their loved ones. Fortunately, the law allows you to sue the party that’s at fault for your accident, but determining exactly who is liable can be challenging when you’ve been injured at a hotel that you found through an online travel agency.
The personal injury attorneys of Normandie have decades of experience in the recovery of hotel injury settlements for all types of accidents, including those involving travel booking sites. We are more than ready for the challenge of winning your case, which is why we will never charge upfront for any of our services. With the Zero fee guarantee, we put up all the costs of fighting for your rights. The only time we get paid is at the end of your case, and that’s only if we bring you the payment you deserve.
Our lawyers are ready to meet with you, so please contact us to schedule a free case evaluation.
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