What are Claims for Slipping in a Hotel Room due to Leaking Air Conditioner?
Claims for slipping in a hotel room due to a leaking air conditioner are legal civil actions which can be made when the hotel in which you were staying has a responsibility for your health and safety and has failed in its “duty of care” to prevent a slipping accident from occurring which has resulted in you sustaining an injury.
If you were to sustain an injury due to slipping on water which had leaked from an air conditioner, it is likely that your injury was sustained abroad and a claim for slipping in a hotel room due to a leaking air conditioner may have to be made in the country in which you were on holiday. If this is the case, you may need to speak with a lawyer based in the country in which your accident happened.
However, if you slipped on water which had leaked from an air conditioner in a hotel in the USA, or your overseas accommodation was booked as part of a package deal arranged by a USA-registered tour operator, you may still be eligible to claim injury compensation for slipping in a hotel room due to a leaking air conditioner provided that the hotel in which you were staying was in breach of its “duty of care”.
What is meant by a Hotel´s “Duty of Care”?
In order to successfully claim compensation for slipping in a hotel room due to a leaking air conditioner, it has to be proven that the hotel was negligent by failing to identify a risk of injury and repair, remove or replace the hazard to prevent a slipping accident occurring – and that the hotel´s negligence in failing to make your accommodation safe resulted in you sustaining an injury. This breach in their duty of care makes the hotel liable for your injuries and gives you the right to make a claim for slipping in a hotel room due to leaking air conditioner.
It should however be explained that a hotel´s duty of care is not always “absolute”. This means that if the air conditioner had only just started leaking and you had not reported the fault or provided staff at the hotel with a reasonable period of time in which to identify the hazard and repair, remove or replace the risk of injury, it may not always be possible to claim compensation for slipping in a hotel room due to a leaking air conditioner. For this reason, it is always in your best interests to discuss your slipping accident and the injuries you sustained with a lawyer to establish that you are qualified to make a claim for slipping in a hotel due to leaking air conditioner.
Your Health Comes before a Claim for a Slip in a Hotel Room
When making a claim for slipping in a hotel room due to a leaking air conditioner, in addition to establishing that the hotel was in breach of its duty of care, it is also important to prove that the slip in your hotel room resulted in an injury. Consequently it is vital that, after sustaining an injury due to slipping in a hotel room, you receive professional medical attention as soon as possible. By immediately visiting the nearest hospital, the injuries that you sustained due to slipping in your hotel room will be recorded in your medical notes along with any ongoing treatment or long term consequences to your health.
If you waited until you returned home to seek professional medical attention, or relied on first aid administered at the hotel, it could be claimed by the hotel that your injuries due to slipping on water which had leaked from the air conditioner were not significant enough to warrant hospital attention, or that you contributed to the extent of your hotel injury by delaying a professional examination. You will still be entitled to claim compensation for slipping in a hotel room due to a leaking air conditioner, but how much compensation for a slip in a hotel room you receive may be reduced to reflect your own lack of care.
Making Compensation Claims for Slipping in a Hotel Room
Once it can be determined that you have suffered an injury in a slipping accident due to a hotel´s breach in its duty of care, you can make compensation claims for slipping in a hotel on holiday against the USA hotel or USA-registered tour operator. Your lawyer will write to the negligent party, advising it that you are making a claim for a slip in a hotel room, and the hotel or tour operator – or more frequently, their public liability insurers – then has 90 days to conduct its own investigation into your hotel room slip accident and advise your lawyer whether they will accept liability for your injuries.
If liability for your hotel slip injury is accepted by the negligent hotel or tour operator, your lawyer will liaise with their public liability insurance company to obtain the maximum possible settlement of compensation for slipping in a hotel room due to a leaking air conditioner. Should liability for your injuries be contested, your lawyer will issue court proceedings – an action which often initiates an offer of settlement from the company´s public liability insurers, who may be reluctant to take a chance on the outcome of your slip in a hotel room claim for compensation and keen to save money on potential court costs.
As offers of settlement for slipping in a hotel room due to a leaking air conditioner may be made to you directly by the insurance company, it is advisable to be aware of how much compensation for a slip in a hotel room you may be entitled to, in order that you do not inadvertently accept an inappropriate offer and are undercompensated. Should you accept an offer of compensation for slipping in a hotel room due to a leaking air conditioner which is inadequate for your needs, you cannot go back to the insurance company and ask for more!
How Much Can I Claim for a Slip in a Hotel Room?
How much compensation for a slip in a hotel room you will be entitled to receive will depend on the nature and severity of your slip injury in relation to your age, sex and general state of health prior to the holiday accident. The way in which the injury from slipping in the hotel room affects your quality of life will also be taken into account, and it is advisable that you maintain a diary in order to record the occasions when you are unable to perform day-to-day tasks or participate in leisure and social pursuits as a consequence of your accident in a hotel room.
Any expenses you have incurred for medical treatment can be recovered in a slip in a hotel room claim for compensation, along with any costs for alternative forms of transport if you are unable to drive and any loss of earnings if the injury you sustained in the slip the hotel room prevents you from working. Consequently, no two claims for slipping in a hotel room due to a leaking air conditioner are the same – even when the injuries sustained are identical – and this is a good reason why you should always seek professional legal advice when claiming compensation for a slip in a hotel room.
“Contingency Fee” Claims for Slipping in a Hotel Room
Most lawyers will offer a free initial assessment of your hotel slip and injury, and advise you whether you have a claim for slipping in a hotel room due to a leaking air conditioner which is worth your while to pursue. Should you have a slip in hotel room claim which has a strong probability of success, you will be offered legal representation on a “Contingency Fee” basis.
A “Contingency Fee” claim for slipping in a hotel room enables you to pursue compensation for your injuries without having to worry about lawyer´s fees if your claim for a slip in a hotel room is unsuccessful. However, as you may be liable for the hotel´s or tour operator´s legal fees if your case is lost, lawyers offering a “Contingency Fee” claim for slipping in a hotel room will want to know of any legal fees insurance you may have attached to a household contents or car insurance policy and will recommend that you to take out additional protection if necessary.
Free Legal Advice about Slipping in a Hotel Room due to a Leaking Air Conditioner
If you, or somebody close to you, have been injured due to slipping in a hotel room due to a leaking air conditioner, you are invited to call our freephone service and discuss the circumstances of your hotel slip directly with an experienced public liability lawyer. Our lawyer will provide you with practical and helpful advice which is relative to your personal circumstances and answer any questions you may have about claiming compensation for slipping in a hotel room due to a leaking air conditioner.
There is no obligation on you to proceed with a claim for a slip in a hotel room once you have spoken with us and all conversations between yourself and our lawyers are completely confidential. We would advise that you speak with us as soon as practical after you have received professional medical attention following your slip in the hotel to maximise the likelihood of a successful claim for slipping in a hotel room due to a leaking air conditioner.
Related types of accidents: scalded by hot tea on flight, burns from hot drinks on airplanes.