Is the hotel liable for my injuries?
In accordance with the provisions of Article 2051 of the Civil Code, the owner or custodian of a "thing" is liable for damages caused to third parties by things in his custody, unless he demonstrates that the damaging event is the consequence of fortuitous circumstances.
This also happens in the case of compensation for damages due to a fall in a hotel. In fact, a contractual relationship (hotel contract) is established between the customer and the hotel, from which the hotelier's obligations of protection and safety towards its guests arise.
The article in question highlights the hotelier's responsibilities towards his clients, since, carrying out the function of custodian of the accommodation facility, he has the obligation to guarantee its safety inside.
Therefore, the hotelier is required to compensate the guest who, as a result of a fall, is injured, if it is proven that the hotelier did not take all necessary precautions to avoid the damage.
Slip and Fall in your Hotel Shower
Even the shower inside the room of a hotel is to be considered as well-placed under the custody of the hotelier. Therefore, a fall inside a shower qualifies under the hypotheses of "compensation for damages caused by a fall".
Indeed, by virtue of the hotel contract and the principle according to which the liability provided for by article 2051 of the civil code has an objective character, the injured party must demonstrate the existence of a causal link between the thing in custody and the damaging event. And this regardless of the actual or potential dangerousness of the thing itself. In fact, very often falls inside a hotel shower are caused by the absence of safety and anti-slip devices, which - for this very reason - determines the hotel's liability.
In this regard, it should be noted that not all falls entail compensation for damages.
More specifically, to establish whether the injured party is entitled to compensation for damages, it is necessary to evaluate whether the injured party contributed, even involuntarily, to increasing the risk of its occurrence, due to distraction, carelessness or other. Not only that, the conformation of the place where the fall occurred must also be considered, in order to evaluate whether all the obligations provided by law in terms of safety have been observed.
Given the above, it can be concluded that the assessment of compensation for damages resulting from a fall in a hotel must be made in relation to the circumstances of the fall, if for example it is the result of a non-visible and unforeseeable threat.
How much compensation can you get for a fall?
If you suffer injuries from a fall in a hotel, it is good to know that you can request compensation for the damages suffered.
It is important, however, that the following few rules are observed, namely that:
- They acquire evidence;
- Ask hotel staff for assistance and ensure the incident is recorded in the hotel's records;
- Request the intervention of 118 and the police (if necessary), or in any case a doctor to certify what happened;
- Consult a lawyer;
Keep invoices and receipts for medical expenses, including future ones.
Not only that, in addition to compensation for physical damages, it will also be possible to request damages for a ruined vacation and compensation for financial damages. Not being able to relax and enjoy your vacation in fact involves emotional stress and determines anxiety and worries worthy of protection, according to Italian law.
In case of damage from a fall in a hotel, a generic request for compensation for damages must be sent to the hotel, describing the facts and requesting the opening of the claim with the Hotel Insurance Company. The amount of damages will be calculated on the basis of the medical-legal report that will assign the various points of temporary and/or permanent disability suffered by the injured party.
If you have suffered a theft in your hotel, read here.
Compensation for a Fall in a Hotel: How Can We Help You?
The law firm Arnone&Sicomo has an internal insurance law department, specialized in compensation practices for damages caused by accidental falls in hotels or road accidents.
For those who have suffered damages inside a hotel, the advice is to contact a lawyer experienced in compensation matters, in order to fully assert their rights.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
