Every year, thousands of visitors come to Puerto Rico for work or pleasure and stay at a hotel. Sometimes the experience is not as anticipated or it is interrupted by an accident or a personal injury on premises. When an incident occurs on hotel property, the issue is whether or not there is hotel negligence. In other words, whether the Hotel in Puerto Rico is responsible for the accident.
Injuries from hotel accidents in Puerto Rico are governed by Article 1802 of the Civil Code of Puerto Rico. The Code imposes liability on any person or entity which, by his, her, or its negligent acts or omissions, causes harm or damage. This includes falls and injuries from third parties. Hotel negligence generally means failure to exercise due diligence to avoid foreseeable risks.
Hotel-keepers owe their guests a heightened duty of care and protection from accidents. Consequently under certain circumstances they may be held liable for accidents on premises and for injuries inflicted on guests by third parties. However, a hotel-keeper is not an insurer of its guests’ well-being and hotelier is liable for a guest’s fall on hotel premises only if the hotelier knew or should have known of a preexisting dangerous condition; a harm that is reasonably foreseeable. This requires Hotels to respond to various risks of harm with preventive and security measures.
Preventive and security measures to avoid a hotel accident Puerto Rico include:
- Providing adequate or properly trained security on premises
- Displaying warning signs in particular areas of risk
- Providing proper lighting
- Properly maintaining and clean the property, landscape and green areas
- Providing adequate or properly trained personnel
These failures can then create unsafe conditions that lead to serious injury and even death. Unsafe conditions can include:
- Unsafe stairs
- Unsafe or broken handrails
- Broken steps
- Garbage or debris
- Wet or slippery floors
- Uneaven floors
- Unsecured windows.
- Falling branches from dead or sick trees that are not removed or prunned
- Falling coconuts from palm trees not propery maintained.
Here is a look at some of the accidents or incidents hotel negligence can cause:
- Slip and falls
- Trip and fall
- Staircase or stairwell incidents
- Hotel gym accidents
- Golf Cart accidents
- Food poisoning and other food borne illnesses
- Pool-related accidents
- Elevator or escalator malfunctions
- Bed bugs or other insect infestations
- Room and bathroom accidents including broken furniture, beds, lamps or toilet seats
- Criminal attacks on hotel property
- Burns from scalding water
There are multiple causes for a hotel accident Puerto Rico and there may or may not involve hotel negligence, which can lead to a premises liability lawsuit.
We have worked in premises liability litigation representing both plaintiffs and defendants. In Puerto Rico, there are time limits on when personal injury lawsuits can be filed. Thus it is important to immediately contact an attorney after the accident, so that the incident can be properly assessed, evaluated and documented.
Recent cases have involved issues such as the following:
- Guest suffered injuries after he slipped and fell while walking in lime covered garden area of Hotel.
- Guest suffered injuries in accident in bathroom.
- Guest got ill as a result of room infestation.
- Guest broke knee cap when slipped in wet surface.
- Guest broke ankle when he fell in area with potholes and poor illumination as he walked towards restaurant.