Florida welcomes over 130 million visitors annually, making it the most visited state in the country. From Miami Beach luxury hotels to Orlando theme park resorts, millions of tourists trust these...
Florida welcomes over 130 million visitors annually, making it the most visited state in the country. From Miami Beach luxury hotels to Orlando theme park resorts, millions of tourists trust these properties to provide safe accommodations. But accidents happen—slip and falls on wet pool decks, injuries from defective elevators, assaults due to inadequate security, and countless other incidents that turn dream vacations into nightmares. When hotels and resorts fail to maintain safe premises, injured guests have the right to pursue compensation. Understanding how Florida law applies to hotel injuries—and the unique challenges tourist victims face—is essential to protecting your rights.
The Duty Hotels Owe Their Guests
Under Florida law, hotels and resorts owe their guests (as business invitees) the highest duty of care. Property owners must maintain the premises in a reasonably safe condition, conduct regular inspections to discover and address hazards, warn guests about known dangers that can't be immediately remedied, and ensure that staff, contractors, and third parties don't create dangerous conditions.
This duty extends throughout the property—guest rooms, lobbies, pools, restaurants, parking areas, walkways, and all other spaces guests may access. Hotels can't simply post general warnings and ignore specific hazards; they must actively work to keep their properties safe.
Large hotel chains often have detailed safety protocols, inspection schedules, and incident reporting procedures. When accidents occur, investigating whether the hotel followed its own procedures—or whether gaps in those procedures allowed the dangerous condition to persist—is crucial to building a strong case.
Common Hotel and Resort Hazards
Hotels and resorts present numerous opportunities for guest injuries:
Pool and spa injuries are extremely common. Slippery pool decks, inadequate depth markings, missing or broken safety equipment, and unsupervised pool areas contribute to drownings, near-drownings, and slip and fall injuries.
Bathroom hazards include slippery tile floors (especially in bathtubs and showers), loose grab bars or towel racks, inadequate bath mats, and water temperature extremes that cause scalding.
Elevator and escalator malfunctions can cause serious injuries when doors close on guests, floors become misaligned, or mechanical failures cause falls.
Walkway and parking lot hazards include uneven pavement, poor lighting, missing handrails, and ice or water accumulation in climate-controlled areas.
Balcony hazards range from inadequate railings to structural defects that can cause catastrophic falls.
Food poisoning from hotel restaurants or room service can cause severe illness.
Activity-related injuries occur during resort activities like water sports, fitness facilities, or excursions operated or arranged by the hotel.
Negligent Security at Hotels
Hotels have a duty to provide reasonable security measures to protect guests from foreseeable criminal acts. When guests are assaulted, robbed, or otherwise victimized due to inadequate security, the hotel may be liable.
Negligent security claims focus on whether the hotel should have anticipated criminal activity and whether their security measures were reasonable given known risks. Factors courts consider include prior criminal incidents at the property or in the area, the hotel's location (high-crime areas require heightened security), industry standards for similar properties, specific security measures in place (or absent), lighting, locks, surveillance cameras, and security personnel, and whether the hotel responded appropriately to known threats.
Common security failures include non-functioning door locks, broken surveillance cameras, inadequate lighting in parking areas, failure to monitor who enters the property, untrained or insufficient security staff, and ignoring guest complaints about suspicious activity.
If you were the victim of a crime at a Florida hotel, the hotel may share liability with the criminal perpetrator for failing to provide adequate security.
Challenges for Out-of-State Victims
Tourists injured at Florida hotels face unique challenges that local residents don't:
Distant witnesses and evidence make investigation harder. You've returned home, but the evidence and witnesses remain in Florida. Obtaining surveillance footage, interviewing staff, and documenting the scene requires someone on the ground.
Different legal systems can be confusing. Florida law governs your claim, but you may not understand how it works. Rules about comparative negligence, statutes of limitations, and procedural requirements differ from your home state.
Continuing medical treatment creates complications. You began treatment in Florida but need ongoing care at home. Coordinating records, ensuring proper documentation, and managing multiple healthcare providers adds complexity.
Travel for legal proceedings may be necessary. Depositions, hearings, and potentially trial may require returns to Florida—an expense and inconvenience that hotels may exploit.
Language barriers affect some visitors. International tourists may struggle to communicate about their injuries, document their case, or navigate the legal system.
Working with a Florida attorney who understands these challenges and can handle most matters without requiring your physical presence is essential for out-of-state victims.
What to Do If Injured at a Florida Hotel
Protecting your claim starts immediately after the injury:
Report the incident to hotel management and request a written incident report. Get the names of any staff involved and the manager who takes your report.
Document everything. Photograph the hazard that caused your injury, the location, your injuries, and any warning signs (or lack thereof). Video can be even more valuable.
Get witness information. Other guests or employees may have seen what happened or seen the hazard before your accident.
Seek medical attention promptly. Even if you plan to see your doctor at home, get evaluated in Florida. Emergency room or urgent care records document your injuries and their connection to the accident.
Preserve evidence. Keep any clothing or shoes involved in the accident. Don't repair or dispose of anything that might be evidence.
Don't sign releases or give recorded statements. Hotels may try to get you to sign documents releasing them from liability in exchange for covering immediate medical bills. Don't sign anything without consulting an attorney.
Consult a Florida personal injury attorney before leaving. At minimum, speak with an attorney about preserving evidence and protecting your rights. You can handle most aspects of your case remotely, but early consultation is valuable.
Dealing with Hotel Chains and Their Insurers
Major hotel chains have sophisticated risk management operations designed to minimize their liability exposure. Expect the hotel to launch its own investigation immediately. They'll collect evidence, interview staff, and prepare defenses—often before you've had time to understand what happened.
Insurance adjusters will contact you, possibly seeming helpful and sympathetic. But their job is to protect the hotel's interests, not yours. They may try to get recorded statements that can be used against you, offer quick settlements for far less than your claim is worth, suggest you don't need an attorney, delay your claim hoping evidence disappears or you give up.
Know that you don't have to accept initial offers. Hotel chains have substantial insurance coverage for guest injuries. They can afford to pay fair compensation—they simply prefer not to.
Having an attorney levels the playing field. Your lawyer can communicate with the hotel's representatives, preserve evidence before it disappears, investigate the hotel's safety history and procedures, and negotiate from a position of knowledge and strength.
Contact Emas Law Group Today
Florida's massive tourism industry means millions of hotel guests every year—and thousands of injuries at hotels and resorts. When these properties fail to maintain safe premises, provide adequate security, or address known hazards, injured guests deserve compensation. Whether you slipped on a wet pool deck, were injured by defective equipment, or were victimized due to negligent security, you have legal rights that shouldn't be ignored just because you live out of state. At Emas Law Group, we've helped many tourists and Florida residents recover compensation from hotels and resorts. We understand the unique challenges these cases present and can handle your claim effectively regardless of where you live. Contact us today for a free consultation to discuss your hotel injury case.
Frequently Asked Questions
I was injured at a Florida hotel but live in another state. Can I still file a claim?
Yes. Your claim is governed by Florida law regardless of where you live. Working with a Florida attorney is essential because they understand local law and can handle matters that require a Florida presence.
The hotel offered to pay my medical bills. Should I accept?
Be cautious. Hotels sometimes offer to cover immediate medical expenses in exchange for releases that prevent you from pursuing full compensation. Don't sign anything without consulting an attorney. Your claim may be worth significantly more than just medical bills.
How long do I have to file a claim against a Florida hotel?
Florida's statute of limitations for personal injury claims is two years from the date of injury. However, taking prompt action to preserve evidence and document your claim is important regardless of the deadline.
Can I sue the hotel if I was injured in their pool?
Potentially, depending on what caused the injury. Hotels must maintain pool areas safely, provide adequate supervision or warnings, and ensure compliance with safety regulations. Pool injuries often involve negligence in one or more of these areas.