There are numerous hotels throughout Kentucky, all of which offer comfortable lodging if you’re on a trip or need to stop off during a long drive. Then, there’s the relatively new offerings of companies like AirBNB or other bed and breakfast-type accommodations. No matter where you decide to stay, there’s a reasonable expectation that your security will be taken care of while you’re there.
Our experienced Kentucky negligent security lawyers at Kaufman & Stigger, PLLC understand how difficult it can be when you or a family member is hurt at a hotel. We can explain your legal options and what you need to do to hold whoever is responsible accountable under the law. If you or someone you know has been hurt in a negligent security incident at a Kentucky hotel, contact us today for a free consultation.
What Should You Do After Being Hurt in a Negligent Security Incident at a Kentucky Hotel?
Before we get into your legal options, you should know how to properly respond to incidents of negligent security at Kentucky hotels. These incidents are frustrating enough on their own, but they take on new meaning when you or someone gets injured. As such, it’s important to take the following steps if this happens to you or someone you’re with:
- Seek medical help quickly – Make sure to get medical attention promptly, even for seemingly minor injuries. Hidden problems could emerge later. Keep detailed records of all medical checkups, treatments, bills, and receipts.
- Report the incident to hotel staff or management – Notify local authorities if necessary and inform the hotel staff or management of the incident right away. Request or create a report detailing the incident’s location, what happened, and factors contributing to the security issue.
- Take pictures or videos – You’ll want to make sure to take pictures and videos of where the incident occurred. Highlight any security problems or hazards. Note the date and time, and collect contact details from witnesses.
- Preserve your evidence – Keep anything relevant to the incident, such as damaged items or your clothing. These items could be crucial evidence supporting your case regarding the security problem and showcasing your losses.
- Keep in touch with the hotel – After you report what happened, keep in touch with the property management or owner of the hotel. Clearly explain the details of what happened, its impact on you, and your concerns about the security issue. Keep copies of all your communications.
Following these steps is crucial to safeguarding your rights and building a robust case in the event of a negligent security incident at a hotel. Moreover, it holds significant importance within the legal process.
Legal Process in Kentucky For Negligent Security Incidents at Hotels
Legally speaking, there’s no recognized difference between negligent security incidents and any other accident that causes an injury. addressing your injuries and losses involves specific steps. This generally means identifying and taking legal action against responsible parties, whether it’s the hotel or another person or company at fault. Though each case is unique, the process usually unfolds as follows:
- Filing an insurance claim – This step formally notifies the relevant insurance company about the incident.
- Filing a personal injury lawsuit – If necessary, you’ll work with us to file a personal injury lawsuit. We draft a Complaint and file against the responsible party (or parties) in civil court.
While the decision to accept the insurance company’s settlement offer is entirely up to you, pursuing a lawsuit might be necessary for the full extent of your damages. In these cases, damages could include:
- Medical expenses – Costs related to healthcare, doctor visits, medications, or treatments.
- Property damage – Covers repairing or replacing belongings or property harmed in the incident.
- Pain and suffering – Physical pain and mental anguish caused by the injury.
- Emotional distress – Emotional impact, such as anxiety or fear, caused by the incident.
- Loss of companionship or enjoyment of life – Accounts for the impact on your ability to enjoy life or spend time with loved ones.
- Punitive damages – In severe or intentional cases, additional payments aimed at punishing the wrongdoer or hotel itself.
Recognizing the uniqueness of each case is essential. Outcomes hinge on the circumstances of the incident and the strength of your claim. Patience is key, given that the process can be time-consuming and challenging. Additionally, it’s vital to file your claim within Kentucky’s “statute of limitations” for injury claims, presently set at one year from the accident date. Failing to meet this deadline means you won’t be able to file a claim.
Should You Hire a Lawyer If You’re Hurt in a Negligent Security Incident at a Kentucky Hotel?
Negligent security incidents at a hotel can result in significant consequences, causing injuries and impacting your daily life. However, you do have legal options. While it’s not mandatory to have a lawyer represent you in a claim, seeking legal assistance is crucial, especially if you’ve been injured. Our team of committed negligent security lawyers is here to provide help by:
- Gathering important evidence like medical records and accident reports to build a strong case.
- Engaging with the insurance company of the hotel responsible for your injuries to seek a fair agreement and obtain the compensation you deserve.
- If a fair settlement isn’t achievable, we’ll assist you in preparing and submitting a formal complaint against the responsible hotel. This initiates the legal process, enabling us to present your case in court.
- Representing you in court, advocating for your rights, and presenting evidence to support your claim. This includes being prepared to take your case to trial. We will present your case to a judge and jury, who will make a fair decision.
At Kaufman & Stigger, we prioritize communication and will keep you updated on the progress of your case. We’re here to address any questions or concerns you may have during the process. Our personalized approach ensures that you receive the treatment and attention you deserve.
Responsibility in Negligent Security Incidents at Kentucky Hotels
Even though you have legal options after a security incident at a Kentucky hotel, the main thing is figuring out who is responsible for your injuries and damages. To do that, we look at specific factors. Hotels are supposed to keep guests safe by:
- Inspecting the property
- Fixing problems quickly
- Warning about known dangers
However, in cases of negligent security leading to injury, several elements come into play:
- Predictability – Liability hinges on whether the incident was foreseeable. A hotel with a history of security issues or located in an area known for safety concerns may increase foreseeability, heightening the hotel’s responsibility.
- Negligence – To establish liability, it must be shown that the hotel was negligent in providing security. Negligence could involve a failure to implement reasonable security measures, such as proper lighting, surveillance, or access control.
- Proximate cause – Negligent security measures must directly cause the injury or harm suffered by a guest.
While hotels and their management companies are typically liable in most negligent security incidents, other parties may share responsibility:
- Security companies – If a hired security company fails in its duties or provides inadequate services, it may be held liable.
- Maintenance staff – Those responsible for security equipment maintenance could be liable if negligence or inadequate maintenance contributes to security failures.
- Alarm providers – If the hotel relies on alarm systems and the provider’s actions contribute to inadequate security, they may be liable.
- Third parties – Vendors outsourcing security services or equipment may be held liable for contributing to security lapses.
- Utility companies – In certain cases, a utility company might share liability, particularly if power or electricity issues prevent the alarm system from working.
For you as a victim, this means various parties could potentially be liable for negligent security incidents at a hotel. That said, having our team on your side can make a difficult process much easier on you and can take the burden of dealing with your injury off your shoulders.
Dedicated Negligent Security Lawyers in Kentucky
When you stay at a hotel in Kentucky, you should be able to relax and not worry about being hurt. Unfortunately, this has been known to happen. Our team of dedicated Kentucky negligent security lawyers at Kaufman & Stigger, PLLC has the knowledge and commitment to protect your rights and make sure you receive the financial and legal support you deserve. Contact us today for a free consultation.