Hotel Accident Injury Compensation Claims

If your life, or the life of a loved one, has been affected by a hotel accident we can help.

The purpose of this guide is to help anyone who has suffered a hotel accident and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

In our guide to claiming hotel accident injury compensation:

Introduction

The majority of hotels in the UK and overseas work hard to provide a safe and comfortable environment for their guests.

UK hotels must abide by a raft of legislation governing the environment they provide to both guest and hotel staff. Hotels must also observe legislation governing food pre[aratrion and general health and safety.

Hotels abroad will adhere to the regulations of the country in which they are based.  However, if you book a hotel abroad through a UK tour operator or agent, the hotel's safety should be verified by the tour operator.

If you have an accident as the result of the negligence of hotel staff, a tour operator or a contractor operating on hotel premises, you may be able to claim hotel accident compensation.

Occupier's liability

If you have been injured as a result of hotel negligence, you could a claim on the basis of 'occupier's liability'.

Occupiers have a 'duty of care' to take all reasonable measures to ensure the safety of their guests and employees.

The hotel operator should regularly assess their premises for hazards. They should identify all possible hazards and determine if action needs to be taken to reduce or remove the risks they pose.

Common causes of hotel accidents

  • Swimming pools
  • Balconies
  • Slips, trips and falls from slippery or wet floors, trip hazards, staircases, reduced lighting levels,
  • Food poisoning
  • Burns - kettles, faulty or unfamiliar shower thermostats, trouser presses, buffets etc

Accidents at work

Kitchen, restaurant and bar environments mean that hotel staff are often at even greater risk than the guests.  If you have been injured working in a hotel, you would be able to pursue a claim against your employer.

A claim should still be possible even if you were working as a temp, via an agency or on a zero-hours contract.

Read more about making a work injury claim.

What should I do if injured in a hotel?

If you are injured as a guest in a hotel you should:

  • Seek appropriate medical attention.
  • Ask the medical professional for written evidence of your visit and any treatment.
  • Inform the hotel asap of the accident.  Many hotels offer 24/7 cover so let them know immediately no matter what the time is.
  • If the accident occurs abroad and you booked through a UK agent, inform the holiday rep or call the agent's office.
  • Ask the hotel for their public liability insurer's details - ask for a photocopy of their policy certificate.
  • Collect as much evidence as possible - take photographs from all angles, take a food sample.
  • Ask any witnesses (guests and staff) for their contact details.
  • write a detailed account of what happened

Who would you claim against?

A hotel injury claim will, in most cases, be made against the hotel owner. If you are visiting the hotel as a guest, whether on holiday, on business, or for any other reason, the hotel has a duty to ensure that you are not injured.

The Occupiers Liability Act 1957 lays out a legal framework to ensure you are protected while visiting someone else's property. The act allows for visitors to claim compensation against owners and occupiers.

In the UK hotels are obliged to have public liability insurance.  A claim would most likely be pursued against the insurer.  Any compensation awarded would be paid by the insurer.

If you are injured as an employee of the hotel, a claim would be made against the hotel's employer's liability insurance.

Do I have a hotel accident injury claim?

You should be able to make a hotel accident injury claim if you were injured:

  • within the last three years, and;
  • another person was to blame, and;
  • that person owed you a duty of care.
Check my claim

Do I have a claim? - Common questions

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a hotel accident injury claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

What if I can't prove who caused the hotel accident injury?

Your solicitor will work on your behalf to assess your hotel accident injury claim and gather evidence. They will identify the party responsible for your accident.

How much compensation can I claim for a hotel accident injury?

The amount of money you could claim for your hotel accident injury will depend on:

  • the extent of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your hotel accident injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after a hotel accident injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

How is compensation calculated if I have multiple injuries?

If you have sustained multiple injuries, the compensation amounts are not simply added together.

The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.

For example:

General damages for a serious arm injury can be £45,000

For a less severe ankle injury, in isolation, you would typically receive £8,000.

However, if you have a serious arm injury and a less severe ankle injury, you would typically receive £45,000 + a reduced percentage of £8,000.

Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.

What is the average injury compensation for a hotel accident injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following a hotel accident injury will depend entirely on your specific circumstances.

Your hotel accident injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.

Should I set up a personal injury trust?

If you are receiving means-tested benefits and are awarded compensation following a hotel accident injury injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?

Can I claim for an existing hotel accident injury that has got worse?

Yes, it is possible to pursue a claim in the event that a pre-existing medical condition, illness or injury is made worse or aggravated by an accident or someone else's negligence.

Hotel accident injury compensation

Calculating how much compensation you can claim for a hotel accident injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your hotel accident injury claim could be worth now:

Calculate compensation

Caring and sensitive support

Your solicitor will handle your hotel accident injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

No win, no fee, no risk

With a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay if your claim is not successful.

Our no win, no fee guarantee

Our no win, no fee guarantee means there is zero financial risk in making a hotel accident injury claim, even if you don't win your claim. Read more about making a No win, no fee claim

What do I pay if I win my hotel accident injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my hotel accident injury claim?

If your hotel accident injury claim is not successful then you do not have to pay any legal fees whatsoever. Your solicitor may take out insurance to ensure there will be nothing to pay.

How do personal injury solicitors get paid?

If your hotel accident injury claim is successful, the defendant, or their insurer, will pay the compensation and your solicitors fees.

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Hotel accident injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make a hotel accident injury claim?

In general, you have a time limit of up to 3 years from the date of the hotel accident injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your hotel accident injury claim becomes 'statute barred'.

Can I claim for a hotel accident injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim hotel accident injury compensation.

In reality, there are a number of factors that can affect whether a hotel accident injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Howard Willis, Personal injury solicitor

About the author

Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.

Read more about this Quittance Legal Expert