Being involved in an accident can put a damper on any vacation or getaway. After being involved in an accident in a hotel, you may be wondering who can be held liable for your injury and resulting damages. Continue reading and speak with a skilled Monmouth County hotel accident attorney for more information today.
Who is Liable for a Hotel Accident in NJ?
Various individuals or entities could be considered liable for a hotel accident. The responsible party will vary depending on the details of the situation. In general, the hotel management/owner, the victim themselves, or a third party could be found liable.
Property owners and managers owe a duty of care to lawful guests, so the hotel could be responsible for the accident if the owner or a representative contributed in any way. If the injured party was negligent or reckless and caused the accident to occur, it is also possible that they can be found liable for their own injury. Finally, a third party could have been responsible, like another guest of the hotel or a contracted worker, if their actions contributed to the accident and damages.
What is Premises Liability?
Premises liability is a legal concept that holds property owners responsible for accidents and injuries that occur on their property, given that their negligence contributed to the accident.
According to NJ Statute 2A:42A-8.1, an owner, lessee, or occupant of a premises is liable to a person injured on the premises for the following reasons.
- “willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity; or
- injury caused by acts of negligence on the part of the owner, lessee or occupant of the premises to any person where permission to engage in sport or recreational activity on the premises was granted for a consideration other than the consideration, if any, paid to the landowner by the State, local unit, or charitable conservancy; or
- injury caused by acts of gross negligence on the part of the owner, lessee, or occupant of the premises to any person entering or using the land for a use or purpose unrelated to public access purposes.”
This law requires that property owners provide a reasonably safe environment for visitors. They must conduct regular inspections and maintenance of the property to prevent, identify, and fix potential hazards. If an issue is made aware to them, they must also take reasonable action to either rectify the problem or warn visitors about the danger.
What is Comparative Negligence?
It is also important to keep in mind that New Jersey operates under a modified comparative negligence system. This means that more than one individual or entity could be found partially responsible for an accident.
If you were injured in a hotel accident but are found somewhat at fault, you can still recover compensation, given that the percentage of your negligence is less than that of the other party. Speak with an experienced attorney today for more information and legal advice.
