W Hotels a chain of luxury hotels and extended stay lodgings with approximately 70 locations around the world, including the W Los Angeles in West Beverly Hills. These hotels are lavishly decorated with high-end amenities that set them apart from the average hotel chain. These include poolside yoga classes, individually decorated suites, and elegant spaces for just about any event.
While the class and sophistication of W Hotels are impressive, nothing is more important than being safe in the space you call home, even if it’s only for a few nights. Unfortunately, lack of maintenance and cleaning at hotels can create dangerous conditions that result in the following accidents:
- Slip and fall or trip and fall
- Ceiling or roof collapse
- Being hit by a falling object
- Electrocution incidents
- Drowning in hotel pool or hot tub
- Carbon monoxide poisoning
- Beg bug bites
- Dog bite incidents
- Parking lot accidents
- Assault and battery / sexual assault
As the victim of an injury caused by negligence, you are entitled to compensation for the harm you suffered. Aside from the cost of medical treatments and wages lost from work, you may qualify to receive non-economic damages, like pain and suffering and emotional distress. For more information on your rights as an accident victim, call us and speak with a W Hotels accident injury attorney.
Our Recent Verdicts and Settlements
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Can I Sue if I Got Hurt at a W Hotel?
Yes, you sue W Hotels for an accident if you can show that your accident was the result of negligence or misconduct by the owners or employees. There are several legal principles that can serve as grounds for a lawsuit. Most accidents on commercial properties fall under the category of premises liability, which holds owners responsible if there is a dangerous condition on the premises that causes injury to someone else.
With places like hotels, businesses can be sued for an employee’s failure to exercise reasonable care. For instance, let’s say a hotel guest spilled their drink on the floor, and now there is a puddle in the common area that can cause a slip and fall. Because staff members are distracted, they neglect to mop up the spill right away or place Wet Floor signs around the area. Later on, a guest that is leaving the hotel slips on the liquid and ends up with a hip fracture. While the hotel owner is not directly responsible, they can be sued for the actions of their employees under the concept of vicarious liability.
The same principle applies to security measures, which can be neglected even at upscale establishments. There are many elements that go into securing a property, like surveillance cameras, alarm systems, bright lights in outdoor areas, and contacting police if guests complain of suspicious or aggressive people on the premises.
Luxury hotels typically have security guards as an additional measure of security. But what can you do if you are hurt by a security guard that is overly aggressive or has poor judgement in their attempts to deescalate a situation?
Assault and Battery by a Security Guard
Security guards play an important role in keeping guests safe at a hotel. On the other hand, there are incidents where security guards are the source of harm and suffering. Some of these individuals are under-trained and lack the proper credentials. Others do not have the temperament required to deal with the public, especially in tense situations where voices are raised and accusations are thrown around.
It’s essential to understand that security guards are not the police, so they do not have the same authority as members of law enforcement. Their ability to use physical force is extremely limited, and that’s why they’re supposed to call police in the event that a situation is escalating out of control, or a suspect that is asked to stay decides to walk out.
Unfortunately, hotel security guard may take the law into their own hands and physically assault the person. Some of these attacks involve chokeholds, use of weapons, and other acts of excessive violence that leaves the victim with permanent injuries. Even seemingly innocuous things like pepper spray must be used with caution, as some people can go into anaphylactic shock from an allergic reaction. That’s why any kind of physical force against a hotel guest or visitor must be used with the utmost caution.
If you were unlawfully assaulted by a W Hotels security guard, contact our law firm right away. Our assault and battery lawyers will fight to bring you every penny you deserve if you are eligible for a lawsuit against the security guard and the hotel.
What if a Dog at the Hotel Bit Me?
California has a strict liability policy for injuries caused by pets, or animals that you have assumed responsibility for. That means the owner is almost always at fault if their pet injures someone. It doesn’t matter, by the way, if the animal has no prior incidents of biting or other incidents where they hurt someone. The only thing that would take away an owner’s liability is if the animal was provoked, like they were being abused or someone had broken into the property.
However, incidents that occur at dog-friendly hotels are more complicated, as liability may be shared between the owner and the business. Generally, it is the owner’s responsibility to supervise their dog at all times and ensure that they do not cause harm to someone else. On the other hand, there is a degree of liability that businesses choose to accept when they allow people to bring their pets. So, we would have to examine the details of your accident to figure out exactly who you can go after in a hotel dog bite injury lawsuit.
To schedule a free consultation with a California dog bite lawyer, contact our office today.
Make Sure to File Your Claim on Time
Most claims involving personal injury and/or property damage in California have a deadline of 2 years. In other words, you must file an accident claim within 2 years of when you were injured, whether you slipped and fell in the hotel lobby or had something fall on you. Failure to file a claim on time means you will lose your right to monetary compensation from W Hotels.
However, we do want to point out that the statute of limitations for sexual assault is much longer. If you were 18 years or older at the time of the assault, you have up 10 years to file a lawsuit against W Hotels. If you were younger than 18, California laws for child sexual abuse provide you with 22 years from your 18th birthday to file a compensation claim. Alternatively, you can file a lawsuit within 5 years of discovering a physical or psychological injury stemming from childhood sexual assault.
With all this information, it can be challenging for the average victim to determine just how long they have for an injury claim. By contacting our law firm, you can find out the exact deadline to sue for an accident or assault that was caused by a hotel’s negligence.
Lawyers Experienced in Hotel Accident Injury Claims
Our hotel accident lawsuit attorneys are ready to listen to your story and help you decide on the best course of action. The first step is to contact us and schedule a free case evaluation, where you can learn about your rights and legal options.
If you want us to represent you in a lawsuit, we will charge you $0 in legal fees under a policy known as the Zero Fee Guarantee. That means we cover the costs associated with your case and ask for reimbursement from W Hotels at the end of your case. The hotel includes those payments in your settlement check, so we don’t make a cent unless we win your case.
To discuss you case with a W Hotels injury attorney, contact our office today.
Other Pages on Our Website Related to This Topic
Bee Sting Allergic Reaction – Can a Hotel be Held Responsible?
Can I Sue if I was Attacked by a Wild Animal at a Hotel?
Is a Hotel Liable for Sexual Assault on Its Premises?
