Navigating the Complexities of Hotel Injury Claims

In an average year, more than 10 million people from around the world visit Hawaii. The majority of visitors stay in hotels, many of which are luxurious getaways designed to take full advantage of our state’s natural beauty and incredible climate. While Hawaii is widely considered a tropical paradise, that doesn’t mean that it is without dangers. From accidents at Maui’s Seven Sacred Pools to car crashes, residents and tourists alike suffer injuries throughout the island. Unfortunately, this also includes slip-and-falls and other accidents in and around hotels on Maui. If you are injured at a Maui hotel, you may be able to file a personal injury claim against the hotel owners or operators. A skilled Maui vacation injury lawyer can help you with the process, starting with a free initial consultation. After you return home from your vacation or conference, we will continue to fight for your rights and help you achieve justice.

How Do Hotel Injuries Happen?

Accidents can happen anywhere and at any time – including when you’re in Maui on vacation. Just as a person can be hurt while visiting a business in their home state, they can also suffer injuries while at a hotel. Common types of hotel injuries include:

• Swimming pool accidents
• Improper hotel security
• Slip-and-falls, such as on slippery floors
• Trip-and-falls, including on broken or uneven tiles
• Food poisoning

These types of accidents can cause a range of injuries, such as:

• Scarring resulting from severe lacerations
• Bone fractures, such as broken hips and wrists
• Soft tissue injuries, such as strains and sprains
• Dislocated shoulders
• Concussions
• Traumatic brain injuries (TBIs)
• Chipped teeth or loss of teeth
• Spinal cord injuries, which can potentially lead to paralysis
• Back injuries, including herniated disks

In some cases, an accident at a hotel may even lead to death. In this situation, the survivors may be able to pursue a wrongful death claim against the hotel owners.

Can I Sue A Hotel If I Am Hurt On Vacation?

If you are injured while staying at a Maui hotel, you may be able to file a personal injury lawsuit against the hotel. In most cases, these claims are based on a theory of premises liability. Property owners and occupiers are required to keep their premises in a reasonably safe condition, free of known hazards. If they fail to do so and someone is hurt as a result of their negligence, then the injury victim may be able to file a claim against them. To win a premises liability case, you must be able to prove that the property owner was negligent in some way. Negligence is a legal concept that essentially means that a person failed to exercise the level of care that a reasonable person would have done in a similar situation. For premises liability claims, you will need to prove all of the following:

1. The other party (defendant) owned, occupied or leased the property.
2. The defendant was negligent in the use or maintenance of the property.
3. You (plaintiff) were harmed.
4. The defendant’s negligence was a substantial factor in causing the plaintiff’s harm.

Generally, property owners are considered negligent if there is an unreasonable risk of harm on the premises, and they fail to either take reasonable steps to correct it or warn others about the hazard. In Hawaii, unlike most states, there is no distinction between the type of visitor to the property. Whether you are at a hotel as a social guest (licensee), business guest (invitee) or even as a trespasser, property owners have the same duty to maintain the premises in a reasonably safe condition. Hotels can be negligent in any number of ways. If they fail to properly train pool staff, for example, guests at the hotel may suffer injuries at the hotel pool. Similarly, if they don’t repair dangerous conditions – like a broken stair railing – then a person may be injured after falling down the steps.

How Can I Pursue A Claim Against A Maui Hotel?

If you are hurt at a hotel in Maui while on vacation, you may not be aware of your options for pursuing compensation. In some cases, an insurance adjuster representing the hotel may approach you and offer you a settlement in exchange for an agreement to not sue.

While it may be tempting to take the settlement so that you can get back home and move forward with your life, it is usually a mistake to sign anything without first consulting with a Maui vacation accident attorney. Your lawyer will evaluate the facts of the case and offer you advice on your legal rights and options for pursuing a Hawaii personal injury lawsuit.

If you decide to pursue a claim, then the law firm will send a demand letter to the hotel and their insurer on your behalf. This letter will set out the facts and the legal reason why their insured is liable under Hawaii law and make a demand for damages. This typically starts the negotiation process. In a personal injury case, your damages include any losses that you have suffered as a result of the accident, such as:

• Medical bills
• Future medical bills
• Lost wages
• Reduced earning capacity
• Property damage
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

In some cases, you may also be able to seek punitive damages, which are designed to penalize a wrongdoer. Punitive damages are generally only available when the defendant acted intentionally or recklessly. Because most personal injury cases are based on a theory of negligence, they are not usually awarded. Your Maui personal injury attorney can give you a ballpark estimate of the value of your case based on factors such as the nature and severity of your injuries. In most personal injury cases, a settlement is achieved without ever setting foot in court. However, if the insurance company refuses to offer you a fair amount for your losses, then your lawyer may advise you that the best course of action is to take the hotel to court. There, they will present evidence, make arguments and ask a jury to return a verdict in your favor. After suffering a hotel injury, you may not know where to turn for help. At Menzer Law, we are dedicated to helping injury victims get the money that they deserve for their injuries. Whether you live in Hawaii or are just visiting, we’ll fight to get you maximum compensation.

What Happens If I Get Hurt While On Vacation?

If you are hurt because of someone else’s negligence, you can file a personal injury claim against them – even if you were on vacation when it happened. A Maui vacation injury attorney can handle your case on your behalf while you return home to recover from your injuries. Tourists are frequently injured at hotels in Maui. When this happens, the injury victim may be able to file a lawsuit against the hotel owners. If you find yourself in this situation, reach out to us today for help.

How Much Does It Cost To Sue A Hotel?

Most personal injury cases are handled on a contingency fee basis – including hotel accident claims. With a contingency fee, you pay nothing upfront. If you recover money through a settlement or a verdict at trial, your attorney will be paid their fees as a percentage of your total compensation. Contingency fee arrangements allow you to hire a personal injury lawyer even if you don’t have the cash to pay an hourly fee. It also aligns your interests with your attorney’s – as you are both motivated to resolve the case quickly and for as much money as possible. To schedule a free consultation with a Maui personal injury attorney, contact us at Menzer Law today.

Do I Need A Lawyer For A Hotel Injury?

In most cases, having a lawyer represent you in a personal injury case is a good idea. Insurance companies often deny or minimize legitimate claims in order to maximize their own profits. Studies show that injury victims who are represented by attorneys recover far more money than those who represent themselves. If you are hurt at a hotel while on vacation in Maui, it may be difficult to resolve your case after you return home. From thousands of miles away, you may not be able to gather evidence, interview witnesses or take other necessary steps. A Maui vacation accident lawyer can take on these tasks for you – and get you maximum compensation for your injuries.

Hurt On Vacation? We’re Here To Help.

There are few things that can upend a vacation faster than getting hurt. If you have suffered a slip-and-fall or any other type of accident at a Maui hotel, we are here for you. For more than 30 years, we have represented accident victims throughout Maui. We have the experience and resources to take on the biggest hotel chains and insurance companies. To schedule a free consultation with a Maui vacation attorney, give us a call at 808.446.7374 or fill out our online contact form.