Traveling During the Holidays: I was Hurt at a Resort/Hotel, Who is Responsible?

Posted on: 11-7-2016

Traveling During the Holidays: I was Hurt at a Resort/Hotel, Who is Responsible?

As the holidays are approaching, many people are making plans to travel to visit and spend time with family and friends. When planning a trip, there may be some concerns regarding what to do if you get hurt while on vacation.

If you’ve been hurt at a hotel or resort, the question of who is responsible for your medical bills and lost income is a very important one. Getting hurt while away from home can be scary and complicated, so it is very important to know your rights by talking to a trusted attorney in the state where the incident occurred, regardless if you have already returned home.

Hotel Injuries

Most hotel injury cases are considered “premises liability” claims; this means that the injury was caused by some type of unsafe or defective condition on someone’s property. The hotel may be held responsible when some gets hurt on their premises and they have a legal obligation to maintain a safe environment for their guests. This includes providing acceptable security, as well as keeping up repairs, maintenance, and sanitation.

Examples of common hotel injuries include:

  • Slip and fall
  • Swimming pool injuries
  • Criminal attacks
  • Injuries caused by broken furniture
  • Bed bugs
  • Food poisoning
  • Fitness center injuries
  • Hotel-provided shuttle service accidents
  • Elevator injuries
  • Injuries and deaths due to fires

In some instances, a third party may be responsible for hotel injuries, such as a company hired to work on and maintain the facility’s elevator.  Your personal injury attorney can determine who may be liable in your case.


Resorts can be a lot of fun with the wide variety of activities and services they may offer. However, some of these activities have a high risk for injury. Some resorts require a waiver to be signed before participating in certain activities to avoid a lawsuit in the event of an injury. Even after signing that waiver, you may be able to recover compensation for any injuries sustained as a result of the resort’s negligence. For example, if your injury was a result of inadequate maintenance or lack of necessary warning signs.

Examples of high-risk resort activities and services include:

  • Jet skiing
  • Parasailing
  • Snorkeling
  • Scuba diving
  • Fishing trips
  • Guided tours
  • Snow skiing
  • Amusement park rides
  • Golf
  • Horseback riding
  • Mountain biking
  • Zip line
  • Rafting
  • Other sports
  • Spa services

If the resort hires a third party to offer these services, the third party may be held liable. It will depend on the conditions in your case. Again, your attorney will review all of the facts in your case to determine who can be held liable for your injuries.

If you or someone you love has been injured or killed at a hotel or resort in SC, you can learn more about your rights and how you can recover damages for your losses by contacting our experienced attorneys at 843-572-0700.


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