Recently, on Saturday, March 18, a nine year old boy was injured at the CoCo Key Hotel and Water Resort. In fact, he was unconscious when the emergency response team arrived and rushed him to the hospital. The managers of the resort declined to comment on what exactly happened, though it was revealed that the incident occurred while the child was playing in one the pools that are located at the Coco Key Hotel and Water Resort.
Hotels and resorts are a common location for accidents that cause a substantial amount of damage and serious injuries in Orlando, Florida, frequently resulting in premises liability claims against the business. Those who stay at these locations are considered to be invitees, as paying customers, and the hotels and resorts are responsible for maintaining the property and ensuring that their guests are safe when enjoying the many features and activities of a resort.
Of course, the staff and management will not be inclined to comment on the issue as they are preparing to face the challenges of a legal situation in which it behooves them to be particularly careful about what they might say concerning what exactly occurred. The management at the Coco Key Hotel and Water Resort have, no doubt, instructed their employees to keep quiet on the subject as they converse with their own legal representation.
This then calls into question the potential liability of the resort and how the family of the child might be able to recover compensation for the injuries and damages sustained by their child, who, we can only hope is able to fully recover from those injuries. Meanwhile, as the business consults their attorneys, the family would be wise to consult an attorney of their own.
What Exactly Does It Mean to be an Invitee at an Orlando, Florida Resort?
When any kind of personal injury occurs, it is important to know what your status is on the property. You could be a licensee, an invitee, or a trespasser, and this will determine whether or not a duty of care was owed to you and what kind of duty that was. For example, if someone has trespassed, there may be no duty of care owed, or a much lighter duty of care on the part of the property owner. As paying customers at this hotel and resort, the child and his family are considered to be invitees, just as they would be at a grocery store or any other business that welcomes the public or paying customers onto their premises.
What Determines Liability in a Personal Injury Claim Against the Hotel and Resort?
There are multiple factors that could indicate liability in a personal injury premises liability claim against the Orlando, Florida hotel and resort. Because the guests are invitees, they are owed a duty of reasonable care by the management and staff. Failing to take reasonable care to prevent injuries from occurring can be the fault of the management for not having safe policies and procedures in place to prevent such accidents, or it could fall on the staff who failed to follow through with the procedures and policies in place. Still, it is the hotel and resort management and owners who are responsible for the employees. Thus, if an employee’s negligence led to the personal injury that occurred, the family will likely have a valid claim against the resort.
Establishing Negligence on the Part of the Hotel and Resort Management or Staff
The guests who wish to pursue a premises liability claim against an Orlando, Florida hotel and resort will need to prove negligence. This means that they have to prove that they were a paying customer, an invitee, who was owed a duty of reasonable care. They must also prove that the hotel breached that duty of care in some way through the action or lack of action on the part of their management or staff. They must then prove that their injuries were caused by this breached duty of care, and that economic damages resulted.
What is Constitutes the Reasonable Duty of Care Owed by the Hotel and Resort?
There are many things that a hotel and resort needs to do to maintain a reasonable duty of care towards their guests. This includes regularly inspecting the property and addressing any hazards, discovering and repairing dangerous conditions, and/or warning guests of the given dangerous conditions. They should also ensure that there is adequate security. In the case of a resort with pools and water activities, there should be a lifeguard present and/or notification that there is not a lifeguard on duty. They also have to take care when hiring staff, by conducting background checks and ensuring that their staff are responsible and law abiding. If a staff member were to fail in his or her responsibilities, due to intoxication, for example, the hotel might be found negligent if they did not conduct a background check that might have revealed a history of alcohol or drug abuse, and/or if they did not conduct drug tests prior to hiring.
What Happens When Hotel and Resort Employees Make Mistakes?
Even though a hotel and resort cannot entirely control the actions of their employees, they are still legally responsible for the actions of those employees while they are working. Thus, if an employee is required to complete maintenance and fails to do so, resulting in injury, then the hotel and resort is still responsible for this. However, if the employee acted in a way that was egregiously negligent, willfully harmful, and directly against company policy, there may be situations where the employee is liable for the injury themselves.
The Attorneys at Farah & Farah Can Help You With Your Orlando Premises Liability Claim
If you or a loved one has found themselves in a similar situation in which an Orlando, Florida hotel and/or resort is potentially liable for your injuries, contact a experienced premises liability attorney in Orlando at Farah & Farah to schedule a free consultation and discuss the merits and value of your premises liability claim.