Were You Injured at the Hilton Clearwater Resort and Spa?

May 5, 2023 | Attorney, Matthew Dolman
Were You Injured at the Hilton Clearwater Resort and Spa?

Clearwater Beach offers some of the state’s most beautiful ocean and scenic sunsets. The Hilton Clearwater Resort and Spa, located along the coastline and directly on the ocean in Clearwater Beach, is a popular destination for visitors from afar and visitors close to home looking for a nearby getaway.

Unfortunately, injuries can happen even while on vacation or visiting hotel properties in the Clearwater area. You might be eligible for compensation if you suffered an injury while at the Hilton Clearwater Resort and Spa.

Your Reasonable Safety Expectations

Were You Injured at the Hilton Clearwater Resort and Spa

When you frequent an establishment such as a Hilton property, you expect nothing less than stellar service and accommodations that maintain your safety and security as a top priority. As a guest visiting the hotel property, you assume you will remain injury free and do not plan or expect to encounter dangers that cause you debilitating injuries during your stay or visit.

Unfortunately, hotel and resort properties such as the Hilton Clearwater Resort and Spa may have dangers lurking that may increase your risk of personal injury. Suffering an injury while staying, visiting, or working at the Hilton Clearwater Resort and Spa can turn your life upside down.

Any injury can cause interruptions to your life, including how and if you can work and meet your day-to-day functions and responsibilities. When you walk into a hotel or resort expecting a safe stay but leave with unexpected and painful injuries due to the negligence of another party, you have a right to seek compensation for your damages under the law.

Hotel Injuries You May Have Suffered While Staying at the Hilton Clearwater Resort and Spa

The dangers you and your family may face while staying at a resort such as the Hilton Clearwater Beach Resort and Spa can vary widely. The type of injury you sustain and the severity of your injuries can depend on the activities you participate in or the areas of the hotel you frequent during your time on the property.

Injury related incidents you may experience at the Hilton Clearwater Beach Resort and Spa include:

  • Slip, trips, and falls
  • Fire
  • Assault or attack from an assailant
  • Pool related injuries, including electrocutions, drowning, and near-drownings
  • Motor vehicle accident involving hotel transportation or valet service
  • Falling objects or materials
  • Broken furniture in your room or on the property
  • Injuries during hotel sponsored recreational activities
  • Food poisoning from hotel restaurants, bars, room service, or other food sales
  • Carbon monoxide poisoning due to malfunctioning, obsolete, or poorly maintained gas lines or warning devices

Can You Seek Compensation for Hotel Injuries in Clearwater?

The injuries you sustain at a hotel or resort in Clearwater can cause you physical and emotional hardship but also unexpected financial damages. The high costs of medical treatment might further escalate if you need to seek out-of-network care. Severe injuries may further increase your hotel injury expenses if you and your family need to extend your stay because you cannot travel or require hospitalization.

As a victim of an injury due to negligence, you may be eligible for compensation under Florida’s premises liability and personal injury laws. You may  file an insurance claim for your losses or take legal action through a lawsuit, if necessary, against the party or parties responsible for your hotel injuries and related damages.

A Clearwater hotel injury attorney can help you navigate this process so that you know your rights in the state and determine how much your personal injury claim might be worth.

Damages you may claim as part of a hotel injury insurance claim or lawsuit include:

  • Medical expenses
  • Income loss
  • Pain and suffering
  • Property damage
  • Wrongful death

What Is Premises Liability Law, and How Does It Apply in Your Case?

Premises liability encompasses injuries that occur while an individual is on a property, whether private, commercial, or public, of another person or business. Owners and managers of a property that welcomes guests must maintain those properties to keep the area, including rooms and community areas, free and clear from danger and hazards that a guest may encounter during their stay.

Any preventable injury that occurs on the property of a hotel or resort, such as the Hilton Clearwater Resort and Spa, may stem from a failure to uphold the duty of care the property and manager owes to guests.

The Duty of Care Owed by Hotels Such as the Hilton Clearwater Resort and Spa

As a hospitality business that welcomes guests regularly onto their property, a hotel and resort must uphold the highest duty of care to maintain a safe environment and resort grounds. When determining whether a hotel violated its duty of care to its guests, a court will look at the circumstances surrounding an accident and the injuries sustained by the victim in a hotel injury accident.

You expect that a hotel will act reasonably to address dangers, inspect the property regularly for potential hazards, and notify guests or visitors of hazards on the property that increase the risk of injury or death.

Who Could You Hold Liable for Your Resort Injuries?

Were You Injured at the Hilton Clearwater Resort and Spa

Running a hotel and resort involves the collaboration of many different employees, staff, and contractors that carry out the day-to-day functions of the property and services to its guests. When you suffer an injury, it may be due to the actions or failures of the hotel directly or may also involve another business or party on the property for business, entertainment, or providing services to you or others.

To determine who is liable for your injuries, your lawyer will look carefully at how your injuries took place and who could be responsible. There may be instances where another party aside from the hotel and resort could be liable for your injuries and damages.

When you hire an attorney, they will review the facts of your care to ensure that you can pursue damages against all the appropriate parties that could have contributed to the accident and your injuries. Taking action against all liable parties can give you the best chance of seeking maximum compensation for your losses.

Other parties that may be liable for an injury that occurs at a resort or hotel include:

  • Massage therapists
  • Recreational activity vendors (i.e., jet ski or boat rentals)
  • Fitness instructors
  • Lifeguards
  • Security personnel
  • Food vendors, caterers, etc.
  • Valet companies
  • Transportation or shuttle services
  • Rideshare companies
  • Contractors performing construction, repairs, or other work at the property

Could You Seek Damages for Injuries Sustained While Working at the Hilton Clearwater Resort and Spa?

Not only are guests in danger of sustaining injuries while at the resort and spa property. Workers or contractors hired to work on the property can also be at risk of injury during their time at the hotel. You may be eligible for compensation if you suffer an injury not as a guest but as an employee, worker, or contractor at the Hilton Clearwater Beach Resort and Spa.

A workplace injury must often go through a worker’s compensation claim. A Clearwater personal injury attorney can review your case and determine the most appropriate course of action to help you seek compensation that can cover your medical expenses, missed work, and other damages if available in your case.

Can You File an Insurance Claim With a Hotel’s Insurer to Seek Compensation?

The most common resolution to a hotel injury accident is for the victim to file an insurance claim with the help of their attorney for their damages. Hospitality establishments such as hotels, resorts, and spas carry liability insurance for instances of unexpected injuries that may occur to their guests. While it may seem a straightforward and easy process, it is, unfortunately, not.

Filing liability insurance claims for premises liability and other legal issues for a hotel injury can be complex. Proving who is responsible and the damages you incur is a challenge. Hiring a premises liability attorney, however, can simplify the process for you as your lawyer can handle the legal matters on your behalf while you focus on recovering from your injuries.

A premises liability claim will usually reach a successful resolution through settlement negotiations between your lawyer and the hotel or insurance company. However, sometimes, a case may need to go to trial if you cannot reach an agreeable settlement. If that happens in your case, your lawyer can keep you informed on the developments of your claim and when that may become necessary.

Do You Need a Lawyer to Help You Pursue Damages Following Injuries at the Hilton Clearwater Resort and Spa?

A premises liability case involving a resort and spa such as the Hilton Clearwater Beach requires the knowledge and assistance of an experienced premises liability attorney. Having a lawyer represent your interests as an injury victim can make all the difference in the outcome of your claim and case.

Delaying the hiring of a lawyer or choosing to go forward without one can result in claim denials, undue delays, or settlement offers far below your actual damages. Hiring a lawyer to represent you following a hotel injury should be your top priority. Contact a lawyer for a free consultation to discuss your rights and the options available to recover your losses and damage following an injury resort accident.

What Should You Do if You Suffer an Injury at the Hilton Clearwater Resort and Spa?

Taking action soon after an injury can help sway the outcome of your personal injury claim and case following an accident or other incident while staying at the Hilton Clearwater Beach. The following steps can help you protect your right to seek compensation from the hotel or other parties responsible following an injury.

Report Your Injuries

In the chaos of an injury, you will focus on getting medical attention, especially if you face traumatic and life threatening injuries. Reporting an injury to the owners of the property or managers may not be something that occurs immediately. While the property may create an incident report once they become aware of the situation, it may not always occur or go through the proper channels.

If you cannot report the injury while on the property, you must do so immediately following an accident. Reporting an injury means notifying the property owners and managers that an accident or incident occurred, the date on which it occurred, and where it took place. You should not delve into details or talk about the incident further until you speak to an attorney on your behalf.

See Your Doctor

Following an ER visit or hospital stay for your injuries, you must continue to keep up with your medical treatment plan. Follow up with your doctor for all appointments and if you encounter any complications or concerns during your healing process.

Collect Evidence and Document Your Injuries

A large part of a personal injury premises liability claim is to prove how the accident occurred and your damages. Collect any photographs, medical records, witness information, and other evidence that may be relevant to your claim and help you prove your case to the insurance company or in court.

Contact a Hotel Injury Attorney in Clearwater

As a victim of a premises liability claim, you can seek a free consultation from an attorney in Clearwater Beach to discuss the injuries you acquired while visiting the Hilton Clearwater Beach Resort and Spa. A hotel injury attorney can review your rights and what you can expect regarding a potential settlement and compensation for your injury claim.

Contact a premises liability lawyer following any injuries at the Hilton Clearwater Resort and Spa or another hotel property as soon as possible.

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Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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