April 18, 2025
Vacations and business trips should be times of relaxation or productivity—not medical emergencies. Yet every year, thousands of guests suffer injuries at hotels and resorts across Florida and beyond. These accidents happen suddenly and can change lives in an instant. At Martino McCabe, we see the real impact these injuries have on victims and their families.
Hotel injuries often leave victims with substantial medical bills, lost income, and physical pain. Many people don’t know they have legal rights when injured on hotel property. The reality is that hotels and resorts have a legal duty to keep their premises safe for all guests. When they fail to meet this standard, they can be held responsible.
Our law firm has helped countless Jacksonville residents and visitors recover compensation after hotel accidents. We’ve seen the patterns: wet floors without warning signs, broken railings, faulty equipment in fitness centers, and inadequate security measures. These aren’t simply “accidents”—they often result from negligence that could have been prevented with proper care.
Recent industry data shows that slip and falls alone account for nearly 70% of guest injuries at hotels. What’s more concerning is that many of these accidents happen because basic safety protocols weren’t followed. Hotels and resorts are busy places with constant turnover of both guests and staff, but this doesn’t excuse lapses in safety.
Florida law provides clear protections for injured guests. Under premises liability laws, hotels must take reasonable steps to find and fix dangerous conditions on their property. They must also warn guests about hazards that haven’t yet been fixed. When hotels cut corners on safety to save money or through simple carelessness, they put guests at risk—and they should be held accountable.
If you’ve been hurt at a hotel or resort, knowing your rights is the first step toward fair compensation. The information in this guide will help you understand these rights and the steps to take after an injury.
Common Types of Hotel and Resort Injuries
Slip and Fall Accidents
Slip and fall accidents happen more than any other type of hotel injury. These accidents can occur anywhere on hotel property, but we see them most often in lobbies, bathrooms, pool areas, and restaurants. In Jacksonville’s humid climate, condensation on tile floors creates extra hazards that hotels must address.
Many slip and fall cases involve wet floors without warning signs. Imagine stepping out of an elevator onto freshly mopped marble with no yellow caution sign in sight. Other common causes include torn carpeting, uneven floor transitions, poor lighting in stairwells, and weather-related hazards like rain puddles in entryways.
The injuries from these falls can be serious. Our clients have suffered broken hips, wrist fractures, head injuries, and back problems that required surgery and months of recovery. Older guests are especially at risk for severe injuries from falls.
What makes these cases frustrating is how preventable they are. Hotels have clear industry standards for floor maintenance and hazard warnings. A simple floor inspection schedule and prompt cleanup procedures can prevent most slip and fall injuries. When hotels rush housekeeping staff or fail to train them properly, safety protocols get overlooked.
Florida courts have consistently held hotels to high standards in slip and fall cases. For example, in one case we handled, a Jacksonville hotel was found liable when they failed to place warning signs after cleaning the pool deck. Our client slipped on the wet surface and suffered a severe shoulder injury requiring surgery. The hotel claimed they hadn’t had “enough time” to put up signs, but we proved this violated both their own safety policy and industry standards.
What many guests don’t realize is that Florida law requires hotels to regularly inspect their premises for hazards. It’s not enough for them to clean up spills when reported—they must actively look for dangers before someone gets hurt. When they fail to meet this duty, injured guests have the right to compensation.
Unsafe Premises Issues
Beyond slip and falls, hotels and resorts can be dangerous in many ways. At Martino McCabe, we’ve represented clients injured by collapsing chairs, falling light fixtures, defective shower doors, and unstable balcony railings. These safety failures often indicate deeper problems with the hotel’s maintenance practices.
Pool and spa areas create special risks. Drownings and near-drownings happen when pools lack proper supervision or safety equipment. Pool decks without non-slip surfacing lead to falls. Hot tubs with faulty temperature controls have caused severe burns. Florida law requires specific safety measures around hotel pools, including depth markers, safety equipment, and proper chemical maintenance.
Hotel fitness centers are another common site of injuries. Equipment that isn’t regularly inspected can malfunction during use. We’ve seen cases where treadmills suddenly accelerated or weight machines failed, causing serious injuries. Hotels often try to avoid liability by posting warning signs, but these don’t excuse their duty to maintain safe equipment.
Food poisoning cases from hotel restaurants affect hundreds of guests yearly. These cases can be difficult to prove, but our firm has successfully linked foodborne illnesses to specific food safety violations in hotel kitchens. We work with health inspectors and medical experts to establish these connections.
Fire safety violations put all hotel guests at risk. Missing smoke detectors, blocked fire exits, and faulty sprinkler systems turn survivable fires into tragedies. Florida has strict fire codes for hotels, and violations that cause injuries create clear liability.
Our Jacksonville clients are often surprised to learn that hotels may be responsible even for less obvious dangers. For example, excessive noise that prevents sleep and leads to accidents, poor ventilation causing respiratory problems, and toxic cleaning chemicals left in rooms have all been valid bases for claims in cases we’ve handled.
When we investigate these cases, we often find the same root causes: cost-cutting measures, inadequate staff training, and management that prioritizes appearance over safety. By holding hotels accountable, our personal injury claims not only compensate victims but help prevent future injuries.
Inadequate Security Problems
Hotel security failures lead to some of the most traumatic injuries we see at Martino McCabe. Hotels have a duty to provide reasonable security measures to protect guests from foreseeable criminal acts. When they fail, the consequences can be devastating.
Assaults in hotel rooms, parking garages, and isolated areas of properties happen when security is inadequate. We’ve represented clients who were attacked because their room door locks were broken, security cameras were fake or non-functioning, or security staff were untrained or absent during night hours.
Criminal activity patterns matter in these cases. If a hotel knows about previous crimes on their property but doesn’t increase security, they can be liable for injuries from similar future incidents. For example, we handled a case where a Jacksonville hotel had experienced multiple car break-ins in their parking garage but failed to add lighting or security patrols. When our client was robbed and assaulted in that same garage, the hotel’s knowledge of the previous incidents became key evidence.
Hotels must also screen their employees properly. We’ve seen cases where hotels hired staff with violent criminal histories who later harmed guests. Background checks and proper hiring protocols aren’t just good business practices—they’re essential safety measures.
Electronic key card systems present special security concerns. Hotels must properly code key cards and regularly change electronic locks. When these systems fail or are mismanaged, unauthorized people can access guest rooms. In multiple cases, we’ve proven that hotels gave duplicate keys to wrong parties or failed to reprogram locks between guests.
The security standards for hotels vary based on location, size, and type of property. A small roadside motel has different requirements than a luxury resort, but all must provide basic security measures. Florida courts look at industry standards, the hotel’s own security policies, and expert testimony to determine what was reasonable in each case.
For Jacksonville visitors, security failures can be especially problematic because they’re away from home and may not know safe areas or local emergency resources. Hotels have extra responsibility to protect these vulnerable guests who rely on the property for their safety while traveling.
Legal Basis for Hotel Injury Claims
Hotel injury claims rest on solid legal foundations that have been established through decades of premises liability law. Understanding these principles helps injured guests recognize when they have a valid claim.
The core legal concept is premises liability—the legal responsibility property owners have to keep their premises safe for visitors. Hotels have the highest duty of care because guests are considered “invitees” under Florida law. This means hotels must regularly inspect their property for hazards, fix dangerous conditions promptly, and warn guests about risks that haven’t been fixed.
This duty extends to all areas where guests are permitted, including rooms, hallways, restaurants, pools, fitness centers, and parking areas. The hotel’s responsibility covers both physical conditions of the property and security against foreseeable criminal acts by third parties.
What makes hotel cases different from other premises liability claims is the special relationship between hotels and guests. When someone checks into a hotel, they’re entrusting their safety to the property. They can’t inspect rooms for hidden dangers or know the security risks in an unfamiliar area. Courts recognize this vulnerability and hold hotels to high standards.
For a successful claim, we must prove four key elements: duty, breach, causation, and damages. First, we establish the hotel’s duty of care to the guest. Second, we show how the hotel breached that duty through action or inaction. Third, we connect that breach directly to the guest’s injuries. Finally, we document all damages the guest suffered.
The hotel industry has specific standards that help define the duty of care. Organizations like the American Hotel & Lodging Association publish safety guidelines. State and local health departments enforce regulations. Building codes set requirements for construction and maintenance. These standards become important benchmarks in hotel injury cases.
Florida has several landmark court decisions that shape hotel liability law. For example, courts have ruled that hotels must take reasonable steps to protect guests from criminal acts if they know similar crimes have occurred on the property before. They’ve also established that hotels can’t simply post warning signs to escape liability for dangerous conditions they should have fixed.
At Martino McCabe, we see many hotels try to defend themselves by claiming they didn’t know about dangerous conditions. However, Florida law doesn’t require actual knowledge—if the hotel should have known through reasonable inspection, they can still be liable. This “constructive knowledge” standard is crucial in many of our successful cases.
Key Elements of a Successful Claim
Building a strong hotel injury claim requires specific evidence and strategic legal work. At Martino McCabe, we focus on five critical elements that make the difference between successful and unsuccessful claims.
First, timing matters tremendously. Hotels often fix dangerous conditions immediately after an injury occurs. This can eliminate vital evidence if not documented quickly. We advise clients to take photos of the accident scene right away, even from a hospital bed if necessary. Many of our clients have family members return to photograph conditions before they’re changed.
Second, incident reports are essential but complicated. Hotels will ask injured guests to complete their internal forms. While you should report the incident, be careful what you write. Never admit fault or minimize injuries. These reports often try to lock in your initial statements before you know the full extent of your injuries. We recommend consulting an attorney before signing any hotel documents.
Third, witness testimony can make or break hotel injury cases. Other guests who saw the accident or the dangerous condition beforehand provide crucial independent evidence. Hotel employees sometimes make admissions like “we’ve been meaning to fix that” or “this happens all the time.” These statements from hotel staff can be powerful evidence when properly documented.
Fourth, medical documentation must connect injuries directly to the hotel incident. Gaps in treatment or delays in seeking care can seriously damage claims. We advise clients to tell medical providers exactly how injuries occurred and to follow all treatment plans. Medical records that clearly link injuries to specific hotel conditions strengthen cases significantly.
Fifth, proving notice is often the most challenging element. Did the hotel know or should they have known about the dangerous condition? We use several techniques to establish notice:
- Maintenance records showing previous repair attempts
- Guest complaints about the same condition
- Employee testimony about inspection procedures
- Surveillance video showing how long a hazard existed
- Industry standards requiring specific safety measures
Jacksonville hotels often defend claims by arguing comparative negligence—that the guest was partially responsible for their own injury. Florida uses a pure comparative negligence system, meaning compensation is reduced by the percentage of fault assigned to the injured person. Our job is to minimize this percentage by showing the hotel had primary responsibility.
Hotels also frequently argue that conditions were “open and obvious” and therefore guests should have avoided them. However, Florida courts have limited this defense. Even if a danger is visible, hotels may still be liable if guests couldn’t reasonably avoid it or if the hotel should have anticipated that injuries would occur despite the obvious nature of the hazard.
Steps to Take After a Hotel Injury
The actions you take immediately after a hotel injury can significantly impact your ability to recover compensation. At Martino McCabe, we’ve developed this guide based on years of helping Jacksonville hotel injury victims.
First, seek medical attention for your injuries. Your health comes first, and prompt treatment creates medical records that link your injuries to the hotel incident. Even if injuries seem minor, get checked out—some serious conditions like concussions or internal injuries may not show symptoms immediately.
Report the incident to hotel management as soon as possible. Ask to speak with a manager, not just the front desk staff. Request a copy of any incident report that’s created. Be factual but brief in describing what happened. Don’t speculate about causes or minimize your injuries with statements like “I’m probably fine.”
Document everything about the accident scene. Take photos from multiple angles showing the dangerous condition. Capture wider shots that show the location within the hotel. If your injury involved a fall, photograph what caused you to fall and any warning signs (or lack thereof) in the area. If possible, take measurements of things like puddle size or step height.
Collect witness information before leaving the scene. Other guests who saw the accident or conditions may return home to different states, making them difficult to contact later. Get names, phone numbers, and email addresses. Ask if they noticed the dangerous condition before your accident.
Save all evidence related to your injury. Keep the shoes and clothes you were wearing, especially if they show marks from the accident. If a broken item caused your injury, try to preserve it or photograph it. Don’t wash clothes or clean shoes that might contain evidence like cleaning chemicals or foreign substances.
Keep detailed records of your hotel stay. Save your reservation confirmation, room charges, receipts, and any communications with hotel staff. Note the names of employees you spoke with about the incident. If you received any promises from management about covering medical expenses, get these in writing.
Start a journal documenting your injuries and recovery. Record pain levels, limitations on daily activities, missed work, and how injuries affect your life. Take photos of visible injuries like bruises or cuts as they progress. This documentation helps show the full impact of your injuries beyond just medical bills.
Be careful about communications with the hotel after the incident. Insurance adjusters or risk management staff may contact you seeking statements or offering quick settlements. These early offers rarely reflect the true value of your claim, especially before you know the full extent of your injuries. Any recorded statements can be used against you later.
Contact an experienced premises liability attorney before discussing settlement with the hotel. The initial consultation at Martino McCabe is free, and we can quickly evaluate whether you have a valid claim. Having legal representation typically increases compensation significantly, even after attorney fees are considered.
Challenges and Working with an Attorney
Hotel injury claims present unique challenges that require experienced legal help. At Martino McCabe, we’ve overcome these obstacles for countless Jacksonville clients seeking fair compensation.
One major challenge is the corporate structure of hotels. Many properties operate under franchise agreements that create confusion about who’s legally responsible. The hotel name on the building might belong to a national chain, but the property itself could be owned by a local company and managed by yet another entity. We carefully research ownership structures to identify all responsible parties.
Evidence preservation presents another difficulty. Hotels quickly repair dangerous conditions after accidents, often within hours. Key evidence like surveillance video may be deleted unless preservation demands are sent immediately. Our firm has emergency protocols to send spoliation notices that require hotels to preserve all evidence when clients contact us right after an accident.
Insurance companies for hotels are particularly aggressive in defending claims. They often deploy rapid response teams to control the narrative and minimize potential payouts. These adjusters may seem friendly and concerned, but their job is to protect the hotel’s financial interests, not help injured guests. Without legal representation, many victims accept settlements far below what their cases are worth.
Foreign-owned hotels or international injury cases add complexity. Different legal systems and jurisdictional questions can complicate claims. Our firm has experience with these international complications and works with a network of legal partners when injuries occur at resorts outside the United States.
The timeline for hotel injury claims varies based on several factors. Florida’s statute of limitations generally gives victims four years from the date of injury to file a lawsuit, but this can be shorter in certain circumstances. Hotel chains often have specific notice requirements hidden in reservation agreements. Waiting too long can permanently bar valid claims.
Working with our Jacksonville law firm brings several advantages. First, we have specialized knowledge of hotel industry standards and regulations. Second, we maintain relationships with expert witnesses including safety specialists, hospitality industry consultants, and medical professionals who can testify about injuries.
Our contingency fee structure means clients pay nothing upfront. We only collect fees if we win your case, which aligns our interests with yours. This arrangement gives everyone access to quality legal representation regardless of financial situation.
The attorney-client relationship for hotel injury cases typically begins with a free consultation where we assess the facts and advise on potential next steps. If we accept your case, we handle all communications with the hotel and their insurance company. This prevents you from making statements that might harm your claim.
Our clients appreciate our straightforward communication style. We explain legal concepts in plain language and keep you informed throughout the process. We’ll give honest assessments of your case’s strengths and weaknesses, and realistic expectations about potential outcomes.
Conclusion: Protecting Your Rights
When hotel negligence leaves you injured, taking action serves both your interests and those of future guests. By holding hotels accountable for safety failures, we create incentives for the entire industry to improve standards and protect visitors.
At Martino McCabe, we’ve seen how hotel injury claims change lives. Compensation from these cases helps victims rebuild financially after accidents disrupt their health, careers, and personal lives. Medical bills get paid, lost income gets replaced, and victims receive recognition for their pain and suffering.
The legal process for hotel injuries follows a fairly predictable path. After initial consultation, we investigate by gathering evidence, interviewing witnesses, and consulting experts. We file claims with appropriate insurance companies and attempt to negotiate fair settlements. If the hotel refuses reasonable compensation, we prepare for litigation. While most cases settle before trial, we prepare every case as if it will go before a jury.
Time limits make prompt action essential. Florida law gives injured guests limited time to pursue claims, and evidence disappears quickly. The sooner you contact a qualified attorney, the better your chances of building a strong case.
The difference between handling a claim yourself versus hiring an experienced attorney is substantial. Studies consistently show that represented clients receive significantly higher compensation than unrepresented individuals, even after attorney fees. This happens because experienced attorneys know how to value cases properly, gather compelling evidence, and negotiate effectively with insurance companies.
Jacksonville visitors injured at local hotels face additional challenges. They may need to return home before their case resolves, making it difficult to attend medical appointments or legal proceedings in Florida. Our firm works with out-of-state clients to manage these logistical challenges, arranging remote participation when possible and coordinating with healthcare providers in the client’s home area.
If you’ve been injured at a hotel or resort, remember that initial consultations at Martino McCabe are always free and come with no obligation. We’ll provide honest assessment of your case and clear explanation of your options. Our clients appreciate this straightforward approach—knowing where they stand and what to expect from the legal process.
For more information about hotel injury claims or to discuss your specific situation, contact our Jacksonville office. Our experienced premises liability attorneys will listen to your story and help you determine the best path forward. Don’t let hotel negligence go unchallenged—protect your rights and prevent future injuries by holding property owners accountable for safety failures.