This article applies to hotels, resorts and motels.
What is the Leading Cause of Guest Injury Claims at Florida Hotels, Resorts and Motels?
In hotels, the number one cause of injury for guests are slips, trips, and falls. They make up about 42% of guest accident claims. My experience is that the same is true in Florida.
Premises Liability Claims against Florida Hotels, Resorts and Motels
A Florida hotel, resort or motel owes two duties to an invitee. They are:
2) To give the invitee warning of concealed dangers which are known or should be known to the landowner, and which are unknown to the invite and cannot be discovered by him through the exercise of due care.
Exterior Dangerous Conditions at Florida Hotels, Motels and Resorts
There are many exterior dangerous conditions that can cause a fall at a Florida hotel.
Staircase with Broken Tile or Missing Step
A step on a staircase may break at a hotel or resort. If this happens, the hotel should place a warning sign next to the step.
The hotel should immediately block of this area. They should fix the step as soon as possible.
If a Florida hotel fails to warn and fix the hazard, an injured person may have a premises liability claim against the hotel. The victim may be able to recover his or her damages.
Landscaping and Walkways
Hotels have landscaping and walkways. A guest may have a personal injury case against a hotel if he or she slip or trips on:
- A hole in the grass that is covered with overgrowth.
- A vinyl landscape edging that is protruding into the walkway.
- Pebbles that overflow over a landscaping edging onto the walkway.
- A dangerous condition in a dark parking lot including, but not limited to, a pothole or piece of metal sticking up from the ground.
- Walkways or bridges that collapse, or have uneven or slippery flooring.
A hotel guest may have a case if a falling object causes his or her injury.
Florida Hotel, Resort and Motel Playground Accidents
A younger guest may have an injury case if he or she is injured by dangerous exterior playground equipment. This could include, but is not limited to, unsafe flooring.
Accidents at Golf Clubs at Hotels or Resorts
Some Florida hotels and resorts have a golf club. If the golf club’s negligence causes a guest’s injury, he or she may have a case.
A hotel guest may also have a case against another golfer for driving a golf cart carelessly and causing injury. The personal injury claim is typically paid by the negligent hotel guest’s homeowners insurance or renters insurance.
Learn more about Florida golf club/course accident claims.
Interior Dangerous Conditions at Florida Hotels, Motels and Resorts
A hotel, resort or motel guest may have a case if he or she slips or trips and falls due to:
- a sunken area.
- an unmarked changing floor surface.
- an electrical cord that is in the walkway.
- highly waxed dance floor or other area.
- alcohol, food or another beverage on the floor.
- water on a tile floor in the shower room of a swimming pool.
- water on slippery tile on the pool edges.
- water on the floor of the gym or exercise room.
- workout equipment and weights left on the floor.
Mats for Interior Entrances to Hotels, Motels and Resorts
You may slip or trip and fall while entering a hotel. The victim’s case may be stronger if he or she slips on water at the entrance and there were no mats at the hotel’s entrance.
A slip and fall at the entrance of a hotel may be tougher if there were mats. However, if the mats are bunched up the case may be easier.
A hotel guest may also have a case if he or she is injured when:
- a folding chair or other chair collapses.
- a loose booth tips up and the guest falls.
The guest may have a stronger injury case if he or she can show that the hotel, resort or motel did not use one or more of the following procedures to make its property safe.
Failure to follow the procedure must have caused the guest’s injury:
- Check bathroom floors and areas near water fountains and drink machines often.
- Use absorbent, nonskid mats at the bottom of water fountains to absorb excess moisture.
- Require guests to put their workout bags in locks (if available).
- Remove unused towels and weights, and put them in the proper storage rack.
- Use an inspection sheet to record inspections times.
The hotel, resort or motel may hire an outside company to perform any of the above services. If so, the other company may have an insurance policy that might provide compensation.
Guest Bathroom Cases
At least 8% of accidents at hotels occur in the bathroom. A hotel has a duty to use reasonable care to make the guest bathroom’s safe.
A hotel, motel or resort may have a hotel that has a faulty grab bar in the bathtub or shower. You could also slip and fall on water that is leaking through a crack in the shower door hinge.
Glass could shatter and slice your legs or body. I have settled shattered glass cases and slip and fall in hotel guest bathroom claims.
Swimming Pool Accidents/Jacuzzi Areas
Most hotel pool accidents in Florida are slip and falls. More data can be found at the Association of Pool and Spa Professionals.
Pool decks at Florida hotels should have anti-slip flooring. There should be enough drainage so that water does not form puddles.
The pool deck should be even. An injured hotel guest should take pictures of pooled water if it causes a slip and fall.
The pool deck and area should be clean. It should not have debris or dangerous conditions. Each day the pool area should be inspected prior to letting guests in the pool area.
Any trip hazards should be removed. If a trip hazard cannot be removed, it needs to be marked properly. It can be blocked off.
The edges of the hazard should be soft. This may prevent injury to a guest.
My actual case: Settlement for a guest who slipped and fell on a hotel pool deck. He claimed that it was too slippery.
He suffered a leg fracture. He had surgery. I was co-counsel on this case.
Ladders should have nonslip tread on at least one area of the deep section in a pool. Diving boards should have anti slip tread.
Find out more about Florida swimming pool injury claims.
Lower Leg Injuries at Florida Hotels
My Actual Case: $23,000 Settlement for my client, a guest at a hotel in a Hyatt hotel. My settlements on this page are before deduction for attorney’s fees and expenses.
Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result.
She claimed that she slipped and fell on water near the cafeteria. She claimed that she suffered quadriceps tears. It happened in Doral, Florida.
I spoke with her co-worker. Her co-worker said that an employee at the hotel mopped the area before the fall.
The co-worker said that a “slippery when wet” warning sign was placed by the hotel entrance. However, the co-worker said it was not visible to my client, the hotel guest.
Zurich Insurance Company was the hotel’s insurer.
They initially offered nothing. We prepared a written statement for the witness to sign under oath.
The witness signed it. We sent the witness the statement. She signed it.
We sent it to Zurich. She treated with a doctor for about six weeks. She did not get further treatment. Surgery was not recommended.
Actual Florida hotel accident case (not mine): $382,000 was awarded for pain and suffering damages for a guest at a Miami-Dade County, Florida hotel. He claimed that he was pushed over by a man who unlawfully entered his hotel room.
He sustained a tibia plateau fracture which required surgery. Metal was placed inside his leg. It was later taken out.
The man was 31 years old. He healed well, though he did still have some resultant injury to his tibial head. His doctor stated that he would most likely need a semi or total arthroplasty before he reached fifty years of age.
The doctor hired by the hotel said he would not need the total knee replacement. The hotel’s doctor said the man may need an arthroscopy to remove loose cartilage in his knee.
The hotel waited to the day before trial to admit liability. This is a 1999 verdict.
My thoughts: If a hotel’s failure to have proper security caused your injury, you may have a case. The majority of hotel negligent security cases settle before trial.
However, some hotels will take a case to trial. A tibia plateau fracture with ORIF surgery can have a high value for the pain and suffering component of the claim.
Pain and suffering is just one component of a case. A hotel guest may also be awarded medical bills and lost wages.
A hotel adjuster may look at past Florida verdicts when making an offer to settle in an injury case. You should mention this verdict to the claims adjuster if a Florida hotel’s negligence caused your tibia plateau fracture requiring surgery.
I settled a tibia plateau fracture surgery case for $445,000. The accident happened in Hialeah, Miami-Dade County, Florida. It did not occur at a hotel.
However, that settlement still shows the possible pain and suffering value of a tibia plateau fracture requiring surgery.
Toe Fracture Settlements
My actual case: $15,000 Settlement. I was co-counsel. A hotel guest in Central Florida struck her toe on the base of a hotel bed. It fractured the toe.
The guest said the base of the bed was blocked by the sheets. We argued that this was a dangerous condition.
Liquor Liability Accident Claims Against Florida Hotels
Hotel staff may become lazy over time and less strict in using the proper procedures when serving alcohol.
In Florida, a hotel may be liable if it serves a customer after he is intoxicated. The hotel must know that he is a habitual drunkard.
Alternatively, Florida hotels may be liable if they serve someone under twenty-one years old if that person later causes injury or death.
The patron may drive after drinking and injure someone. If so, the hotel may be responsible for the victim’s damages.
The victim’s case against the hotel may be harder if the hotel trained all staff who serve liquor, and it was documented.
A hotel or restaurant may also be liable for not having procedures for keeping control over liquor service at group events. These events may include weddings, Bar or Bat Mitzvahs, Quinces, reunions and parties.
Procedures include checking the ID of all guests and giving wristbands or other ways of identifying guests who may legally drink.
Claims for Injury Due to Illegal Drug Dealing Crimes at a Hotel
Florida hotels and motels should be watchful for drug dealing that occurs in parking lots and lobbies. Drug dealing increases the danger of violence on the property.
A hotel or motel may fail to be vigilant when dealing with this drug dealing. If so, they may be liable if someone is hurt as a result. In Florida, the failure to have security may make the hotel liable for a guest’s injury or death.
Injury Claims caused by a Hotel’s Courtesy Transportation
In Florida, some resorts and hotels have courtesy shuttles. Hotels may be liable if a shuttle driver has a bad driving record and he or she causes an accident.
The victim(s) would have a personal injury claim against the hotel or resort.
A hotel employee may drive a courtesy shuttle. On the other hand, the hotel may contract this driving function out to a third party. If so the vendor’s liability insurance may pay the guest’s damages.
The injured person may have a better case if the vendor failed to screen its drivers and conduct background checks.
Injuries Due to Lack of Security at Florida Hotels
In Florida, a hotel has no duty to protect an invitee on his property from a criminal attack by a person over whom the landowner has no control unless the criminal act was foreseeable. Ameijeiras v. Metropolitan Dade County, 534 So.2d 812 (Fla. 3d DCA 1988).
A hotel, resort or motel has a duty to protect an invitee on his premises from a criminal attack that is reasonably foreseeable. Admiral’s Port Condominium Ass’n, Inc. v. Feldman,426 So.2d 1054 (Fla. 3d DCA).
The hotel, resort or motel’s duty arises only when it has actual or constructive knowledge of similar criminal acts committed on his premises. Paterson v. Deeb, 472 So.2d 1210 (Fla. 1st DCA 1985).
In personal injury/negligent security case, it helps the injured person’s case if violent crimes were reported to the hotel in the two years prior to the attack on him or her. It may help his case if he can find evidence that the hotel knew of the existence of violent criminal activity at the hotel.
In the absence of proof that it had actual or constructive notice of similar criminal activity at the hotel, the hotel may not be held liable for the attack on the victim because, as a matter of law, the attack was not foreseeable.
Effect of Hotel Cutting back on Security Costs
Sometimes, hotels cut back on their security staff. They do this to lower costs.
An injured person may be able to claim that a decrease in security contributed to his or her injury. If so, the hotel or resort may be liable.
A hotel should make sure that its security staff and equipment give enough protection to guests. Cameras in outside public areas and indoors may deter crime.
A victim’s injury or death case may be stronger if the hotel:
- failed to have cameras. The victim’s injury case may be stronger
- or security company did not conduct a background check on the security staff or train them correctly.
- had cameras that were not properly maintained.
Actual Case (not mine): In the case of Hilton Hotels Corp. v. Anderson, 153 So. 3d 412 – Fla: Dist. Court of Appeals, 5th Dist. 2014, a Orlando jury awarded Troy Anderson (“Anderson”) damages in excess of $1.7 million for a personal injury/negligent security case.
His lawsuit was against Hilton Hotels Corporation (“Hilton”), W2007 Equity Inns Realty, LLC (“W2007″), Interstate Hotels & Resorts, Inc. (“Interstate”), and SecurAmerica, LLC (“SecurAmerica”).
On September 26, 2008, Anderson was the victim of a criminal attack in the parking lot of an Embassy Suites Hotel in Orlando, Florida. The hotel was owned and operated by W2007 pursuant to its franchise agreement with Hilton.
Interstate managed the hotel pursuant to its contract with W2007. SecurAmerica was retained by Interstate to provide security services on the hotel’s property.
Following the attack, Anderson and his wife, Paula, filed a lawsuit against the four defendants. His wife’s claim was for loss of consortium. She later dropped her claim.
Anderson sought $650,000 each from Hilton and Interstate, and $100,000 from W2007. Anderson served a demand for judgment on SecurAmerica in the amount of $300,000.
The jury returned a verdict finding the defendants (other than SecurAmerica) 72% at fault, SecurAmerica 28% at fault, and Anderson 0% at fault. Anderson’s total damages were determined to be $1,702,066.
After collateral source set-offs and taxable costs, the trial court entered a partial final judgment against the “Embassy Suites” defendants in the amount of $1,252,188.74, and against SecurAmerica in the amount of $486,962.28.
Injuries at Caribbean Resorts with Ties to Florida
In some situations if you are injured in the Caribbean or outside of Florida, you may be able to sue in Florida if the defendant does business in Florida, is registered to do business in Florida, or has its principal place of business in Florida.
Actual Case (not mine): A lady filed a premises liability and negligence lawsuit in Miami-Dade County against her employer, Club Mediterranean (Bahamas), LTD., its parent, and affiliates.
While asleep in her employer-provided dormitory room, located in a building to the rear of the guest section of the Columbus Isle Village Resort in the Bahama Islands, she was attacked and sexually assaulted by an unknown assailant.
At the time of the attack, she was employed by Club Med as a costume designer.
The appeals court ruled that the factual allegations of the complaint in this case do not rely in any respect on the employment agreement between Megan Fitzpatrick and her employer. See Club Med. Seifert v. U.S. Home Corporation, 750 So. 2d 633, 638 (Fla. 1999).
They also ruled that there is no nexus between the terms and provisions of that agreement and the assault on Megan Fitzpatrick. The appeals court also sent the case back to the trial court to determine if the lawsuit should be allowed to continue in Florida, since the incident occurred in the Bahamas.
The case is Club Mediterranean, SA v. Fitzpatrick, Fla: Dist. Court of Appeals, 3rd Dist. 2015. Club Mediterranean is known as “Club Med.”
What are the most common injuries suffered at Florida hotels, resorts or motels?
An injury is necessary to have an accident case. Without an injury, there is no case. The most common injuries from hotel accidents are herniated discs, shoulder injuries, wrist fractures, neck pain and knee injuries.
You should know every one of these factors so that you can decide if is worthwhile to pursue a claim. Understanding these factors will get you ready to respond intelligently to the hotel’s claims adjuster. You want to be as educated as possible when making a hotel accident claim.
Knowledge is power. Understanding the 86 factors will also help you properly value your case.
How is an injury case against a Florida hotel different from a case against a Florida Walmart, Publix Supermarket or Walt Disney World?
The cases are very similar. One of the bigger differences is that a hotel may not have a self-insured retention (SIR). This means that a hotel’s insurance coverage may start from dollar one. Many Florida hotels are franchisees and do not have a SIR.
Some Florida hotel’s with a SIR are known for giving more resistance when paying an injury claim. If a Florida hotel’s insurance policy does not have an SIR, you can file a consumer complaint against the insurer if the adjuster is being unreasonable.
It is filed with the Florida Department of Financial Services.
Tip: Some Disney hotels such as the Swan and Dolphin Resorts are not owned by Disney.
How do you Calculate the Settlement Value of a Florida Hotel Accident Case?
Calculating a claim value in a Florida hotel injury case is the same as other Florida accident cases. The formula is:
Claim Value = (Medical Bills + Lost Wages + Pain & Suffering) x (100%- % for factors that warrant reduction)
You should use as spreadsheet so that you can itemize the medical bills, lost wages and pain and suffering component. Therefore, you will not fail to account for any lost wages and medical bills. It is easiest to use a spreadsheet in order to make a proper demand to settle.
I recommend Microsoft Excel or Google Docs. It will also help when negotiating with the adjuster.
Adjusters are quick. You do not want to be unprepared when discussing economic damages. Otherwise, you could wait weeks or months to hear back from the adjuster. Most claims adjusters are very busy.
Estimating the settlement value is difficult and takes years of experience. In certain hotel injury cases, I still look at jury verdicts to determine case values. That is even truer in a case where the injured person suffered a fracture or had surgery.
If you understand the 86 factors that can affect a Florida hotel accident case value, you are on the right track. It will help you adjust the case value as indicated.
Using an Online Settlement Calculator to Estimate Compensation in a Florida Hotel Injury Case
Be very careful using an online settlement calculator to estimate the payout in a Florida hotel accident claim. Most online calculators are not specific to Florida.
Each state has different laws. No two states have the exact same laws. For example, in Florida you can only recover out of pocket bills and not the total billed charges.
Other states may let you collect the total billed charges. Not accounting for this factor alone will throw any settlement estimate way off.
I created a Florida injury calculator that I use for Florida hotel accident cases. But I make significant adjustments. Verdicts for pain and suffering are constantly changing.
So I continuously adjust the ranges that the calculator uses for the pain and suffering component of the claim.
My use of my calculator is only one piece of my evaluation. I also know how to adjust the calculator estimation by over 86 factors that may affect the case value.
Without many years of claims experience, using an online settlement calculator for a hotel injury case is a huge mistake!
What is the full settlement value of a Florida hotel accident case?
The full settlement value is the first step to calculating the possible settlement amount. The injured person needs to know the full value of the damages to know the possible settlement amount.
The full value of damages is the total of economic and non-economic damages. Economic damages are usually out of pocket medical bills and lost wages.
A Florida hotel accident case can have a high full value and still be worth little or nothing. This is because over 86 factors may affect a Florida hotel accident case.
Will a Florida hospital reduce bills if a hotel’s negligence caused my injury?
Possibly. The hospital is more likely to reduce your bills if you are uninsured. A hospital billing department may learn that you are making a personal injury case against a hotel.
If so, whether they reduce the bill may depend on the settlement amount. If you are made whole, they may be less likely to reduce the outstanding balance.
You may want to enter informal settlement discussions with the hospital before the Florida hotel injury case settles. Many Florida hospitals have right to get paid from an injury settlement for accident related care.
Once you settle with the hotel’s insurer, you may lose leverage in negotiations with the hospital.
If you enter settlement negotiations with the Florida hospital before the injury case settles, then you can tell the hospital that you will not pursue your injury claim if the hospital does not reduce its bill. This gives you leverage.
How much is pain and suffering worth in a Florida hotel injury case?
Your injury will determine the full value of the pain and suffering component. Once you know the injury and the other damages, you can then adjust the value by up to 86 factors. Other damages usually consist of medical bills and lost wages.
The full value of the pain and suffering component in a hotel accident case is the same as in any other Florida injury case.
Will past Florida injury settlements help you calculate compensation in a Florida hotel accident case?
They do not give enough information for you to learn the value of the pain and suffering component. They can often be misleading.
I try to do this on my website. These complexities are one of the many reasons to hire a Florida accident lawyers for hotel accident cases.
There have been settlements for people injured or killed by carbon monoxide in a Florida hotel parking garage. A hotel has a duty to make sure that the parking garage is designed properly.
What is Medical Payments Coverage in a Hotel’s Liability Insurance Policy?
Medical payments (Medpay) coverage will pay for a hotel guest’s medical expenses up to the limits of the Medpay coverage. It pays regardless of fault.
You must have been injured while lawfully on the hotel, resort or motel’s property. Do not expect the Medpay coverage to pay your medical expenses if you snuck onto the hotel property.
Medpay is completely different from the hotel’s liability coverage. Medpay limits are often $5,000, but can be more or less. Hotels with a SIR generally do not have Medpay coverage.
The hotel will not send you to a doctor. Do not wait for that. They will not pay in advance for your medical expenses. Get medical treatment if you need it.
Do not wait for the hotel to contact the doctor’s office. They will not.
The hotel claims adjuster may send you an authorization for release of your medical information. They are not doing this so they can pay for your bills in advance.
They are doing this so they can request your medical bills and records after you get treatment. The injured guest’s medical records and bills are needed to evaluate the case.
Hotel restaurants and stores
Some restaurants and stores within hotels are individually owned and operated. They may have their own liability policies.
These insurance policies may include Medpay. If you are injured within a restaurant or store in a Florida hotel, you should make a claim with them.
In your personal injury case against a Florida hotel, the hotel will get a credit for any amount paid under its Medpay coverage.
Is a Florida Hotel Injury Case Similar to a Case Against State Farm in Florida?
They are more similar than different. If the hotel has liability insurance, then they are even more similar. Some hotels have liability insurance that pays better than State Farm.
Other hotels have liability insurance that pays worse. It depends on the insurance company’s reputation.
Are Florida hotel accident settlements similar to Florida auto accident settlements?
They have many similarities. In many cases, particularly larger ones, you can look at past Florida car accident settlements to learn about pain and suffering values.
The pain and suffering value for a particular injury in a hotel accident case, such as a slip, trip or fall, may be the same as in a Florida car crash case.
A Florida hotel van or valet driver may cause your injury. If so, the pain and suffering value will be very similar to a Florida car wreck case.
If a vehicle driver’s carelessness causes a pedestrian’s injury at a Florida hotel, does the victim have a case?
Yes. The injured person should make a claim through any Personal Injury Protection (PIP) coverage to which the victim is an insured. In many cases, the injured person will need a threshold injury in order to recover non-economic damages.
A motor vehicle driver’s carelessness may cause injury to a Florida resident pedestrian in a hotel parking lot. If the Florida resident is not otherwise covered under PIP, the victim can make a PIP claim through the driver’s (and owner’s) auto coverage. This assumes that the pedestrian is not obligated to have PIP.
A hotel valet driver hits a pedestrian in a hotel parking lot in Florida. It could happen in Miami, Homestead or any other city. The pedestrian is a hotel guest.
If the pedestrian qualifies for PIP, the pedestrian will need to meet the tort threshold to recover pain and suffering damages.
Tip: The valet company is usually a different company than the hotel. They generally have a different insurance company. A claim should be made with the valet company.
A motor vehicle may hit a nonresident pedestrian on a Florida hotel property. If so, the nonresident does not need a threshold injury to recover pain and suffering damages.
This assumes that the nonresident pedestrian is not covered by PIP. If the nonresident pedestrian is covered by PIP, he usually needs a threshold injury to get pain and suffering damages.
Does an injured person’s marital status affect an injury claim against a Florida hotel?
Yes. The injured person’s spouse may have a claim for loss of consortium.
The claims adjuster will ask the injured person if he or she is married. If he or she is married, the adjuster will likely include the spouse on the release and settlement check.
The spouse needs to sign the release if the injured person wants to settle the case. The spouse must endorse the settlement check.
So get on good terms with your spouse immediately! The adjuster will most likely be unwilling to remove the spouse from the release or check.
Most hotels have high liability policy limits. They usually face no threat of excess financial exposure for acting in bad faith.
Can a Florida Lawyer Pay a Referral Fee to an Out Of State or Foreign Attorney in a Florida hotel accident case?
A Florida attorney may be able to pay a co-counsel fee to an actively licensed out of state or foreign attorney in a Florida hotel injury case. It can be done if the client lives in the referring attorney’s state. \
A Florida lawyer can also pay a fee to another Florida attorney in a Florida hotel accident case.
Referral fees are usually 25% of the total attorney’s fee. It does not cost the client anything extra. If the client has trust in the referring lawyer, it is a win-win for the client and the attorneys.
Are Florida hotel slip and fall settlements similar to other slip and fall settlements?
They are similar. I touched on this above. However, the settlement value of a against a hotel is fact specific.
Most online settlements do not give enough information to properly estimate the value of a Florida hotel slip or trip and fall case.
Check out some Florida slip and fall settlements.
Is my Florida hotel injury case worth less if I did not take an ambulance to the hospital?
The full value of the case is lower. This is because there are no ambulance bills. A smaller case full value results in a smaller settlement.
The injured person may still have a great case if he or she did not take an ambulance to the hospital. The full value of the case is decreased by less if the victim quickly gets medical treatment.
Can a Florida hotel insurance adjuster close a victim’s injury claim without his or her consent?
Yes. The injured person can just ask to have it re-opened. This assumes that the time limit to sue has not expired.
I had an adjuster from Ace Insurance Company close a claim.
My client was injured at a hotel in Fort Lauderdale, Florida. I asked the adjuster to re-open the claim. He later offered $10,000 to settle.
Should an injured victim get surgery if a Florida hotel’s negligence caused an injury?
The victim should do what is best for his health. Do not get surgery in the hopes that it will increase the settlement value.
Surgery will generally increase the full case value. Surgery adds more medical expenses to the claim. However, there must be negligence and causation for surgery to drive up the case value.
Do pre-existing injuries affect a Florida hotel accident case value?
Yes. Pre-existing injuries may decrease a Florida hotel accident case value. However, an injured person is entitled to damages from an aggravation of a pre-existing condition.
Pre-existing conditions generally affect back, neck, herniated disc, meniscus tear and shoulder tear claims more than other injuries. A tendon or ligament tears may have existed before the accident.
An adjuster will not pay settlement dollars to an injury that existed before the accident.
Do most Florida hotel accident claims require a lawsuit?
No. But, some do. It is tough to know which will end up in a lawsuit. It depends, in part, on liability, causation and damages.
It may depend on the adjuster and the particular insurance company. In theory, all cases should be able to settle before a lawsuit. But many cases do not settle before a lawsuit.
I have settled several Florida hotel accident cases without a lawsuit.
Do gaps in treatment hurt my Florida hotel accident case?
Sometimes a person who is hurt a Florida hotel waits to get medical treatment. Waiting to get medical treatment may decrease the case value of a case.
However, I have settled many Florida injury cases where the victim waited to get medical treatment. Many other factors affect the case. Gaps in treatment is just one of factor.
Where can you find out more about my experience as a personal injury lawyer?
Learn more about me and my experience.
Does the Florida hotel’s insurance company affect the settlement?
The insurance company that insures that hotel affects settlement. I have settled hotel accident cases with Hartford, Zurich Insurance, Liberty Mutual and others.
Insurance companies have different reputations. Some are known for paying better than others. For example, Zurich Insurance Company has a reputation for being more generous than the Liberty Mutual or The Hartford.
How Long Does an Injured Person Have to Sue a Florida hotel for Personal Injury?
An injured victim has four (4) years to sue a hotel for negligence in a Florida accident.
A personal representative brings a wrongful death claim in Florida. The claim is for the estate and each survivor.
Starwood Hotels in Florida
Starwood Hotels has nine distinct hotel brands in Florida:
- Westin (Colonnade, Coral Gables, Fort Lauderdale Beach Resort, etc.)
- Sheraton (Fort Lauderdale Airport & Cruise Port, Cypress Creek, etc.)
- Sheraton Suites
- St. Regis (Bal Harbour Resort, etc.)
- W hotels (South Beach, Fort Lauderdale, etc.)
- Aloft (In Brickell, Doral, etc.)
- Tribute Portfolio Resort (Royal Palm South Beach Miami, etc.)
- Element (Miami International Airport, Doral, etc.)
- Four Points by Sheraton (Miami Beach, Coral Gables, etc.)
Many Starwood hotels are franchisees. Steve Truono is vice president of Global Risk Management & Insurance for Starwood Hotels & Resorts.
According to Claims Management, Starwood’s goal is not to be risk free as operating a hotel always carries some degree of risk. For example, many guests slip and fall at a hotel through no fault of the hotel.
A company may rent out hotel rooms and have a meeting at a Starwood hotel. The company may want to do team building exercises through a third-party company that carries a high degree of risk.
Starwood may require that the third- party company have great insurance, and a contract that is written favorably for Starwood. Starwood may check the third-party company’s track record, training procedures, and experience to make sure that it is good.
Starwood wants its brands to have a good image. They do not want to alienate its guests.
Per Claims Management, Steve says that Starwood faces the following risks [which may cause injury]:
- Premises liability issues [slip, trip and falls, etc.] related to its pools, spas, gyms and beachfront areas
- Liquor liability [If a habitual alcoholic or minor is overserved and causes injury to someone, Starwood may be on the hook.]
- Employees may make workers’ compensation claims related to housekeeping, catering, and banquet facilities.
How does Starwood Hotels use predictive analytics?
Per Claims Management, Steve says that Starwood has done some predictive analytics in workers compensation claims.
Starwood tries to predict the outcome in a claim’s early stages instead of waiting for it to develop. Starwood locates certain red flags or information about the claim that would, based on data and analytics, show it will trend in a certain direction.
Once Starwood hotels does that, they try to manage those claims more closely. They will be doing more like that in the future.”
What are the biggest Florida hotels?
Disney owns some of the largest hotels in Florida. They are the:
- Disney Port Orleans (3,056 rooms)
- Disney’s Pop Century (2,880 rooms)
- Disney’s Caribbean Beach Resort (2,112 rooms)
- Disney’s Animal Kingdom Lodge and Villas (1,307 rooms)
Walt Disney World Dolphin (1,509 rooms)
- Disney’s Contemporary Resort (1,053 rooms)
- Disney’s Grand Floridian Beach resort (901 rooms)
Learn about Florida Walt Disney World Injury Claims in Orlando. The largest Florida hotel other than Disney’s hotels is the Orlando World Center Marriott. It has 2,000 rooms.
Other large Florida hotels are:
- The Diplomat, Hollywood (1,201 rooms)
- Orlando Marriott International Drive (1,076 rooms)
- Boca Raton Hotel & Club (1,000 rooms)
- Hyatt Orlando (924 rooms)
Some of Central Florida’s largest convention hotels are:
- The Peabody Orlando
- Gaylord Palms Resort & Convention Center
- Rosen Shingle Creek
Coral Gables Hotels
The Biltmore Hotel
The Biltmore Hotel in Miami has the country’s largest pool. Our office is in Coral Gables about five minutes from the Biltmore.
Miami Beach hotels
Four Seasons in Brickell, Miami-Dade County, Florida
Mandarin Oriental hotel
Downtown Miami hotels
Some other large Florida hotel chains are:
Hilton brands are: Doubletree, Embassy Suites Hotels, Hampton, Conrad, Waldorf Astoria and more.
Marriott Brands are The Ritz-Carlton, Bvlgari, JW Marriott, Edition, Autograph Collection Hotels, Renaissance Hotels, AC Hotels by Marriott, Moxy Hotels, Marriott Hotels, Delta Hotels and Resorts, Courtyard, Springhill Suites, Fairfield Inn & Suites, Protea Hotels, Residence Inn, Towneplace Suites, Marriott Executive Apartments and Gaylord Hotels.
Choice Hotels International, Inc. franchises its hotels. In Florida, its brands include:
Comfort Inn (35 Florida hotels)
Comfort Suites (31 Florida hotels)
Quality Inn (77 Florida hotels)
Sleep Inn (24 Florida hotels)
Cambria hotels & suites
Suburban Extended Stay Hotel
Econo Lodge (35 Florida hotels)
Rodeway Inn brands
Ascend Hotel Collection
Wyndham Hotels has the following brand hotels in Florida.
- Baymont Inn & Suites
- Days Inn (All Days Inn hotels are independently owned and operated.)
- Howard Johnson
- TRYP (opening March 2016 in Fort Lauderdale, Florida)
- Wingate by Wyndham
- Hawthorn Suites
- Kinghts Inn
- Microtel by Wyndham
- Planet Hollywood
- Ramada Worldwide
- Super 8 Motels (There are 296 Super 8 motels in Florida.)
- Wyndham Grand Collection
- Wyndham Garden
Carlson Rezidor Hotel Group has several brands that operate in Florida. They are:
- Park Inn® by Radisson
- Country Inns & Suites By Carlson
Best Western Hotel
Florida has 93 Best Western hotels. Each Best Western® branded hotel is independently owned and operated. This means that the hotel may have insurance that starts at dollar one.
You should submit the notice of claim to the hotel. You may also want to send a notice of claim to the Best Western corporate headquarters. It is located at:
Best Western International Inc.
6201 N. 24th Parkway
Phoenix, AZ 85016
La Quinta has 77 properties in Florida. They are La Quinta Inn & Suites, and La Quinta Inn.
Some La Quinta Inn & Suites are located in the following cities:
Bonita Springs Naples North
Coral Springs University Dr
Fort Walton Beach
Ft. Myers – Sanibel Gateway
Miami Cutler Bay
Lake Mary and UCF
Ormond Beach/Daytona Beach
Panama City Beach Pier Park
Plantation at SW 6th St
Sunrise Sawgrass Mills
USF (Near Busch Gardens)
Some La Quinta Inn locations are in the following cities:
Cocoa Beach-Port Canaveral
Deerfield Beach I-95 at Hillsboro E
Ft. Lauderdale Tamarac East
Baymeadows and Jacksonville Orange Park
Tampa Bay Pinellas Park
West Palm Beach – City Place
Red Roof Inn has 25 Florida hotels.
There are thirty-four Motel 6 locations in Florida.
Hard Rock Hotels
Hard Rock has three hotels in Florida. They are located in Orlando, Tampa and Hollywood, Florida. The hotel in Hollywood is subject to Seminole tribal immunity in certain circumstances.
Guests may be giving up major rights when they step onto the Hollywood Hard Rock hotel property. It is my understanding that Zurich insures the Hard Rock for up to $1,000,000 in bodily injury damages.
On at least one past occasion, Gray Robinson had defended the Hard Rock.
Lowers Hotels and Resorts has three hotels in Florida. They are located in:
Miami Beach – Loews Miami Beach Hotel
Scott Smith is director of Safety and Security at Loews Hotel in Miami Beach, Florida.
Its Orlando hotels are located at Universal Orlando. They are:
- Universal’s Cabana Bay Beach Resort
- Hard Rock Hotel at Universal Orlando
- Loews Portofino Bay Hotel at Universal Orlando
- Loews Royal Pacific Resort at Universal Orlando
St. Pete Beach
- Loews Don CeSar Hotel
Who are the largest hotel franchisees in Florida?
There are many large Florida hotel franchisees. If you were injured at a franchisee’s hotel, your claim is likely against the franchisee. There is a chance that is may also be against the franchisor.
Some large Florida hotel franchisees are:
Ocean Properties, Ltd.
Ocean Properties, Ltd. has 38 Florida hotels including:
- Banana Bay Resort & Marina FL
- Boston’s on the Beach Delray Florida
- Country Inn & Suites by Carlson FL
- Courtyard by Marriott Boynton Beach FL
- Courtyard by Marriott Bradenton
- Courtyard Hutchinson Island /Jensen Beach FL
- Courtyard Key Largo FL
- Courtyard Orlando Lake Buena Vista FL
- Delray Breakers on the Ocean FL
- Delray Sands Resort on Highland Beach FL
- Edgewater Beach Hotel Naples FL
- Hampton Inn Vero Beach Hotel FL
- Hilton Longboat Key FL
- Holiday Inn Express Boca Raton FL
- Holiday Inn Lido Beach FL
- Holiday Inn Port St. Lucie FL
- Holiday Inn Resort & Marina Key Largo FL
- Holiday Inn Vero Beach Oceanside FL
- Hotel Indigo Miami – Dadeland FL
- Jupiter Beach Resort & Spa FL
- Key West Bayside Inn & Suites FL
- Key West Express
- Lido Beach Resort FL
- Marina Del Mar Resort & Marina FL
- Marriott Delray Beach FL
- Marriott Hollywood Beach FL
- Marriott Key Largo Bay Beach Resort FL
- Postcard Inn on the Beach FL
- Residence Inn by Marriott St. Petersburg/
Treasure Island Beach FL
- Residence Inn Delray Beach FL
- Sandcastle Resort at Lido Beach FL
- Sandpearl Resort Clearwater Beach FL
- Sheraton Suites Key West FL
- The Resort at Longboat Key Club FL
- Weatherstation Inn Key West FL
- Westin Key West Resort & Marina FL
- Sunset Key Guest Cottages, Luxury Collection FL
You can send a notice of claim to:
Ocean Properties, Ltd.
1001 East Atlantic Ave.
Delray Beach, Florida
Tel: (561) 279-9900
Fax: (561) 276 1563
South Beach Group owns many Miami Beach boutique hotels. They include:
- Catalina Hotel & Beach Club
Chesterfield Hotel Suites
Hollywood Beach Hotel, Suites + Hostel
Lincoln Arms Suites
Metropole South Beach
Posh South Beach Hostel
Riviera South Beach
Tradewinds Apartment + Hotel
You can send a notice of injury claim to the Guest Relations Manager.
Did a hotel’s carelessness cause you to slip or trip and fall and suffer an injury in Florida or on a cruise? Were you injured in another type of accident?
See Our Settlements
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