How To Sue A Hotel

In this guide, we explain how to sue a hotel. We will look at how a hotel could be responsible for personal injury or a data breach and how these incidents could cause you harm.

How to sue a hotel guide
How to sue a hotel guide

Furthermore, we’ll look at the eligibility criteria that apply to making these kinds of claims. Furthermore, we’ll look at how settlements are calculated and explain how much you could receive for the harm you were caused.

If you have any more questions you would like answered, or if you’re interested in receiving free legal advice, why not get in touch with our team today? If you have a valid case, you could be connected with a No Win No Fee solicitor from our panel to work on your claim.

To get in touch, you can:

  • Speak to our helpful team on 0800 408 7827
  • Contact us online
  • Or use the ‘live chat’ option to the bottom right of this page

Choose A Section

  1. How To Sue A Hotel For Personal Injury
  2. Examples Of Accidents In A Hotel
  3. How To Sue A Hotel For A Data Breach
  4. How Much Compensation Could I Get In A Claim Against A Hotel?
  5. Do No Win No Fee Agreements Cost Less Money?
  6. Learn More About How To Sue A Hotel

How To Sue A Hotel For Personal Injury

When you’re in a hotel, like when you’re in any public place, you’re owed a duty of care. This duty of care means that someone has a responsibility to ensure your safety. They should take steps to prevent you from being injured.

Furthermore, you might need to provide your personal data to a hotel for a number of different reasons. There is legislation in place that protects this data from being exposed in a way that could cause you harm.

An organisation that decides how and why your personal data will be processed is known as a data controller. A data processor processes personal data on behalf of a controller. Both of these parties have a responsibility to protect your data; if they failed to do so, and you experience harm, then you could be entitled to make a claim.

Read on for more information on how to sue a hotel and when you may be able to do so. Otherwise, speak with an advisor for free legal advice today.

Examples Of Accidents In A Hotel

Under legislation called the Occupier’s Liability Act 1957, the party in control of a space is expected to take all reasonable steps to protect the safety of visitors to the space. The party with the duty of care is referred to in the legislation as the occupier, although they don’t actually need to occupy the space.

Below, we’ve included some examples of how a breach of duty of care could cause an injury.

  • Slip, trip, and fall accidents could occur if spills are left on the floor without being cleaned up or signposted in a reasonable time. A member of the public could fall and sustain a broken cheekbone as a result.
  • Members of the public could fall from a height if they travel down a set of stairs with a faulty handrail that causes them to fall. This could result in a broken rib.
  • Food poisoning caused by poor hygiene in the hotel restaurant

Evidence

You can support your claim of personal injury by gathering evidence. For example:

  • CCTV footage of your accident
  • The contact details of anyone who saw the accident take place. They might be able to give a statement later on.
  • Photos of the accident area, or of your injuries
  • Medical records. For this reason, it’s important that you seek medical attention if you’ve been injured.

For free legal advice on the evidence you could collect, speak with an advisor today. They could also offer you general legal advice on how to sue a hotel.

How To Sue A Hotel For A Data Breach

A version of the Data Protection Act 2018 that has been updated since the UK left the EU sits alongside the UK General Data Protection Regulation (UK GDPR) as the pieces of legislation that protect personal data in the UK. Personal data is any data that is stored physically or digitally and can be used to identify a natural person, either alone or when combined with other information.

A personal data breach is an incident that occurs which affects the integrity, confidentiality or availability of personal data. If you’re harmed by a breach that was caused by the failings of a data controller or processor, then you may be able to claim compensation.

Below are some examples of how a personal data breach could affect you:

  • The hotel fails to keep its security systems up-to-date. As a result, a hacker is able to obtain your debit card information and steals money from your account.
  • An email confirming your stay containing your full name and address is sent to the wrong recipient, and this person does not have the authorisation to view this information.
  • An unencrypted laptop containing guests’ booking information is left on a train.

For more information on how to sue a hotel for a data breach, speak with an advisor today. You could be connected with a solicitor from our panel to work on your claim.

How Much Compensation Could I Get In A Claim Against A Hotel?

When you make a personal injury claim, your settlement could consist of two different kinds of damages. These are general damages and special damages.

General damages compensate you for the pain and suffering that your injuries have caused you. Special damages compensate you for the financial impact that your injury has had. You won’t receive special damages if you’re not awarded general damages.

When you make a claim for harm caused by a data breach, you could receive compensation for material damages (the money you’ve lost as a result of the breach) and non-material damage (the impact the breach has had on you mentally, for example by causing stress or anxiety). There’s no requirement for you to receive compensation for material damages in order for you to receive money for non-material damages.

Non-material damages in data breach claims and general damages in personal injury claims are valued with the help of a document called the Judicial College Guidelines. We’ve included excerpts from these below:

Area of InjuryCompensation bracket Notes
Ankle (b) Severe£31,310 to £50,060Significant residual disability after a period in plaster.
Arm (c) Less Severe£19,200 to £39,170Despite significant injury and disability a good degree of recovery
(g) Less Serious Hand Injury£14,450 to £29,000Crushed finger issues that do not require surgery
Knee (b) Moderate (i)£14,840 to £26,190Torn ligament injuries, for example, that may lead to future disabilities
Wrist (c) Less Severe£12,590 to £24,500Injuries that leave a persisting pain or stiffness
Post-Traumatic Stress Disorder (PTSD) (c) Moderate£8,180 to £23,150A good recovery with only minor disabling symptoms persisting
Psychiatric Suffering (c) Moderate£5,860 to £19,070There will have been marked improvement in symptoms and a good prognosis
Toes (d) Serious Toe Injuries£9,600 to £13,740Where the great toe is seriously injured, for example a crush injury.
Minor Brain or Head Injury£2,210 to £12,770If there is any damage to the brain, it will have been minimal.
Hip (c) Lesser Injuries (i)£3,950 to £12,590No residual disability despite significant injury.

For more information on how much you could receive, or for general information on how to sue a hotel, speak with an advisor today.

Do No Win No Fee Agreements Cost Less Money?

Having established how to sue a hotel, you may be interested in pursuing a claim and recognise the advantages of doing so with the help of a lawyer. However, you might be concerned about the prospect of funding their work in the traditional way.

No Win No Fee agreements are a way of funding legal representation. With one in place, you don’t need to make any upfront or ongoing payments to your lawyer.

If you’re awarded compensation, then your solicitor will deduct a success fee from your settlement, which is capped by law. If you lose your claim, you don’t pay this fee and you also don’t pay your lawyer for their services.

Speak To Us About To Sue A Hotel

Allow us to help you connect with a No Win No Fee solicitor today. Or simply speak with an advisor today for more information on how to sue a hotel. You can:

Learn More About How To Sue A Hotel

We hope this guide has helped explain the personal injury claims process. As well as information on how to sue a hotel, we also provide the guides below:

You might also find these external guides useful:

If you have any more questions on how to sue a hotel, please don’t hesitate to get in touch.

Article by Wat

Edited by Sto