Whether for travel, business, a fun weekend on the strip or because your kid has an away tournament, a stay at a hotel or resort is supposed to provide convenience and comfort. Safety is so foundational that it is often not even on our list of considerations when looking for a place to stay.
But what happens if the hotel we stay in is not safe?
In these situations, premises liability likely comes into play. Premises liability allows victims to hold a property owner responsible for certain injuries suffered when they visit that property. The extent of the expectations vary depending on the victim. In Nevada, property owners like those who own hotels and resorts are responsible for providing a safe environment for their customers.
What happens if something goes wrong?
In a recent case, at least 15 guests from a hotel required medical treatment after carbon monoxide exposure. According to a piece by AP News, seven of these guests are currently in critical condition as a result of carbon monoxide poisoning. Although the police have yet to determine the exact problem, it appears all of the victims were exposed to the dangerous gas when in the hotel’s pool area.
If the victims can establish that the property owner’s negligence or failure to properly maintain the chemicals in the pool area contributed to the exposure to the dangerous gas, they can likely hold the hotel responsible for the expenses that result from the carbon monoxide poisoning. This could include the cost of emergency medical treatment and additional hospital bills as well as missed wages.
How can the victim establish the hotel owner was negligent?
To build a successful case in these types of situations, victims generally need to show the hotel owner had a duty to provide a safe environment and failed to do so and that this failure led to the injury of the guests. Evidence of poor chemical maintenance in the pool area may satisfy this requirement.