What Injuries Can I Sue a Hotel For?

Written by Cooper and Friedman on May 12, 2026

Key Points:

• In order to prove negligence for a personal injury case, you’ll need to provide proof that the owner had a duty of care and that they actively breached that duty of care.
• Kentucky operates on the legal doctrine of comparative negligence, which means that even if the hotel was not totally at fault, you may still be able to recover some damages.
• The most common type of case brought to court for hotel injuries are premise liability cases.

As we approach summer and travel significantly increases, many people stay at hotels or private rentals. With so many people coming and going, it is important for property managers to stay on top of maintenance and safety measures. If you get injured in a hotel or rental due to the negligence of the staff or owner, you can sue for damages. It is important to know your rights when it comes to your safety in a hotel so that you can properly defend yourself and get the compensation you deserve.

When Can I Sue a Hotel for an Injury?

You can sue a hotel if you were injured due to active negligence from the owner, staff, company, or property manager. This is part of a premise liability case. Premise liability relates to a property owner or manager’s legal responsibility to keep people on their property safe, or duty of care. It holds them accountable for injuries that occur due to negligence on their part. This is known as a breach of duty of care. Negligence can normally be found if:

1. The owner knew about a hazard but failed to address it at all.
   1. Example: The carpet at the doorway of a hotel room detaches from the floor, creating a tripping hazard. The issue was reported and logged, but the property manager still allows the room to be rented out before it gets fixed. A guest trips on the carpet and hits their head, resulting in a hospital visit.
2. The owner knew about a hazard and addressed it, but in an inadequate manner.
   1. Example: The carpet at the doorway of a hotel room detaches from the floor, creating a tripping hazard. The staff reports the issue and, in response, the property manager uses tape to keep the carpet down. The tape is not strong enough to secure the carpet, and a guest trips and hits their head, resulting in a hospital visit.
3. The owner did not know about a hazard but, with reasonable care, should have.
   1. Example: The carpet at the doorway of a hotel room detaches from the floor, creating a tripping hazard. Between the time it happened and the time a guest checked into the room and tripped, no staff inspected the room. Or, a staff member did inspect the room, but did not complete a thorough check and failed to report the tripping hazard.

Comparative Negligence

Most of the time in personal injury cases, fault gets murky due to inattentiveness, carelessness, or disregard of warnings. That is why most states allow for a legal doctrine called comparative negligence, which states that a victim can recover partial damages should they be responsible to a certain degree for the injuries sustained. It assigns a percentage of fault to each party involved, then applies it to the final settlement. This means that comparative negligence can be utilized by both the plaintiff and the defense in a case to either:

• Receive compensation in a case where the plaintiff was partly at fault; or
• Lower the compensation that the defendant has to pay.

Kentucky employs a specific type of comparative negligence called pure comparative negligence. These rules allow the plaintiff to pursue compensation regardless of what percentage of fault is delegated to each party. Unless the plaintiff is found 100% at fault for their injuries, they can seek compensation, even if it’s only 1%.

Common Examples of Premise Liability in Hotels

• Slip/Trip and falls due to:
  • Obstructions
  • Uneven flooring
  • Poorly maintained or broken stairs
  • Poorly maintained outdoor areas
  • Ice on the property
  • Spills
  • Poor lighting
• Elevator accidents
• Negligent security
• Fire safety and building code violations
• Falling objects
• Swimming pool accidents
• Dog bites or dangerous animal attacks
• Sickness due to dangerous building materials and conditions like lead or asbestos
• Sickness, lost wages, or decontamination costs for dangerous conditions like bed bugs, other pests, or mold
• Burns from hot tubs or malfunctioning showers
• Physical injury from broken furniture, broken glass, construction debris, and other debris

Proving Negligence for Hotel Injuries

In order to be successful in any type of premise liability case, the prosecution will have to be able to prove three things:

1. That the dangerous condition existed on someone else’s property
2. That the property owner, property manager, or other person responsible for the property was negligent
3. That because of the negligence, you sustained bodily, emotional, financial, or reputational damage

Photographic evidence of your injury, what caused it, doctor’s notes, bills, and other miscellaneous evidence like witness testimonies, maintenance logs, notices, and video footage are all critical in your case. However, your health and safety should be your first priority. If you are injured, seek medical attention. This is both to protect you and give you a specific time and date that you were injured and diagnosed by a doctor.

FAQs About Premise Liability and Hotels

1. How long do I have to sue a hotel for an injury on their property?
   1. According to KRS Chapter 413.140, most personal injury claims must be filed within a year of the action that caused the injury. However, there can be extenuating circumstances that allow claims after a year. Contact us to learn more.
2. What kind of conditions can lead to a premise liability lawsuit?
   1. Common conditions that lead to a premise liability on a hotel property include curled rugs or carpets, faulty elevators, inadequate lighting, uneven flooring, and broken furniture.
3. Can you still sue a hotel if there were warning signs put up?
   1. It may be more difficult, but yes, you can still sue a hotel if they put warning signs up. If the warning sign is not in a visible place, or is not properly sized, that can be argued as negligence. Additionally, if no action is taken in a timely manner to remove the safety hazard, you may also be entitled to compensation.

If you or someone you love has been injured in an accident in a hotel in the State of Kentucky and are in need of an experienced injury attorney, give the lawyers at the Cooper & Friedman law firm a call. The attorneys at Cooper and Friedman PLLC have over 50 years of combined experience defending the rights of personal injury victims. Contact us with questions you might have or schedule a free case consultation with an attorney by calling 502-459-7555 today.

Posted Under: Personal Injury, Premise Liability