Last Update: 11/23/21
Florida Law Imposes A Duty On Hotels To Protect Their Guests From The Negligence Of Hotel Security
In this article, we’ll break down:
- What have Florida courts said about protecting hotel guests?
- Hotel injuries are called “hospitality risk” by the insurance customers
- Factors a hotel should consider to avoid a negligent security claim
- Immediate steps to take when an injury occurs
- What should you do?
When an invitee (i.e. a hotel guest), as defined under Florida law, sets foot on hotel property that hotel must exercise reasonable care to keep its guests safe. That obligation is imposed, in part, under Florida’s premises liability law.
Seems like an obvious task for any hotel to do, but it’s shocking how often people are hurt and seriously injured while staying at a hotel.
Under Florida law, hotels have a “duty of care” to protect its guests as well as the public from reasonably foreseeable acts undertaken by third parties. Chapter 509 of the Florida Statutes is filled with laws passed by the Florida Legislature that impose legal responsibilities upon hotels (and other “public lodging establishments”) to take action to protect people.
For example, Florida Statute 509.211(1) requires that “each bedroom or apartment in each public lodging establishment shall be equipped with an approved locking device on each door opening to the outside, to an adjoining room or apartment, or to a hallway.”
Quick Tip: The Average Hotel Negligence Settlement In Florida Is $40,000.00 (Details)
What Have Florida Courts Said About Protecting Hotel Guests?
Anyone injured while staying at a Florida hotel is protected by state law because Florida courts view these people as “business invitees” – as a business invitee the Courts place a strong duty upon the hotel to protect their guests (whom, after all, are paying the hotel revenues). As one Florida appellate court explains:
A registered guest in a hotel is a business invitee to whom the hotel owes a duty of reasonable care for their safety. See cases cited at 17 Fla.Jur., Hotels, Restaurants, and Motels, § 24; 40 Am.Jur.2d, Hotels, Motels, and Restaurants, § 111. While most of the Florida cases announcing the innkeeper-guest standard of care involve a hotel’s common rooms and other facilities which are available for the use of all hotel guests in common, we see no reason to require a higher degree of care for protection of a guest in the confines of the particular room assigned to him upon registration, than in the common areas.
Furthermore, with all of the studies done by those who insure hotels against these sorts of claims, hotels should be aware that all sorts of injuries are happening at hotels in Florida and across the United States. Even though most of these injuries involve slip and fall injuries – there is plenty of literature in the public domain about all of the negligent or inadequate hotel security claims being filed each year.
Image of the former Royal Poinciana Hotel, Palm Beach, Florida
Hotel Injuries Are Called “Hospitality Risk” By the Insurance Companies
According to the National Specialty Underwriters’ data, it defines hospitality risk claims as:
- Guest Vehicles Damaged – Valet or Non-Valet
- Guest Property – Missing
- Cuts, Lacerations, Abrasions
- Auto Accidents – At Fault / Not At Fault
- Guest Property – Damaged
- Food – Illness / Food poisoning
- Personal Injury
- Assaults – All Types
- Food – Foreign Object in
- Recreational Activity
- Illness – Not otherwise classified
- Guest Vehicles Stolen – Valet or Non-Valet
- Fire / Smoke
- Drowning
- Liquor Liability
As noted above, there are lots of training and seminar materials in the hospitality industry dealing with “hospitality risk.” The big chains have binders and manuals distributed among their employees with detailed information on how to “manage” these risks. Most of these chains are not only educating their employees on how to deal with something like a sexual assault in a hotel room or a serious fall by the hotel hot tub they are also proactive in protecting themselves in these situations by having law firms already hired.
Factors A Hotel Should Consider To Avoid A Negligent Security Claim
There are several factors that a hotel should evaluate in determining whether or not crime is foreseeable (meaning, a crime is likely to occur). Those factors include:
- the crime rate in the community
- peculiar security problems created by the hotel’s design
- industry standards
- presence of suspicious people
- the extent of criminal activity in the area
After evaluating these factors, if the hotel determines that a crime is foreseeable, then it has a duty to take adequate security measures to protect its guests. See: Satchwell v. LaQuinta Motor Inns, Inc., 532 So. 2d 1348 (Fla. 1st DCA 1988)
QUICK FACT: A victim of a hotel’s negligent security has 4 years from the date of the incident to file a lawsuit. However, if a death resulted from the incident, the deadline to file a lawsuit is 2 years.
Immediate Steps To Take When An Injury Occurs
When a guest gets hurt, the hotel will likely have a risk management plan that it follows to deal with the event. Accordingly, a victim should also know what to do to protect his or her rights. Photos of the scene of the injury as close in time to when the injury happened can be invaluable. Getting the names, addresses, email addresses, and phone numbers of witnesses (especially other guests that will be returning to homes out of state) is extremely important. Having an injury lawyer who handles hotel injury cases (hotel negligence, hotel negligent security) can be a big help, too, as the lawyer and his team can quickly begin to investigate the event professionally, doing things like:
- comparing industry standards to the hotel’s individual situation
- compiling crime reports for the hotel’s location and surrounding community (is it dangerous?)
- checking the backgrounds of hotel employees for criminal histories, etc.
- checking the hotel’s history for past similar incidents
- investigating the hotel’s security policies and procedures
- questioning hotel staff about safety issues (are rooms kept locked, are the grounds monitored for slip and fall dangers?)
It’s important to know your rights and to be prepared. The hotels are prepared and so should you.
What Should You Do?
A good piece of advice if you have been harmed at a hotel and you believe its’ due to inadequate or lacking security, is to speak with an experienced personal injury lawyer before you file a claim to learn about some of the issues that can arise with these claims, including the type of evidence needed to prove a claim and the type and amount of damages you can recover. Most personal injury lawyers, like Alan Sackrin, will offer a free initial consultation (over the phone or in-person) to answer your questions.
NOW WATCH
Related:
- What Type Of Legal Duty Does A Florida Property Owner Have For Injuries To Visitors?
- Florida Hotel Laws: Who Controls and Regulates Hotel Safety in Florida?
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