Understanding Premises Liability for Injuries at NYC Hotels and Resorts

Understanding Premises Liability for Injuries at NYC Hotels and Resorts

New York City draws millions of visitors every year, many of whom stay in hotels, motels, or upscale resorts across the five boroughs. While these locations promise comfort and relaxation, they also have a legal duty to keep their guests safe. When a hotel cuts corners on maintenance, fails to fix hazards, or ignores safety concerns, guests can get hurt. Slips, falls, burns, and elevator malfunctions are more than accidents; they may point to legal negligence.

We’ve worked with clients who were injured while simply walking to their room, stepping into a shower, or visiting a rooftop lounge. These are not isolated events. And when injuries happen on someone else’s property, New York law allows us to hold that property owner accountable.

Let’s walk through how New York handles premises liability and what steps matter most after getting hurt at a hotel or resort.

What Is Premises Liability in New York?

Premises liability is a legal concept that holds property owners responsible when someone gets hurt because of dangerous conditions on their property. In New York, this responsibility applies to hotels, resorts, motels, and other types of guest accommodations.

To have a valid claim, we need to show that:

• The property owner had a legal duty to keep the premises safe
• They knew or should have known about the hazard
• They failed to fix or warn about the hazard
• That failure directly caused the injury

This duty of care isn’t limited to major accidents. Even something as simple as a broken handrail, a wet floor without a warning sign, or poor lighting in a stairwell could give rise to a case.

Hotels and resorts have a higher standard of care because they invite paying guests onto their property. They must routinely inspect for hazards and fix them quickly. If they don’t, and someone gets hurt, they may be liable for medical bills, lost income, and other damages.

Common Hotel and Resort Hazards That Lead to Injury

In our experience, hotel and resort injuries often stem from the same avoidable problems. These include:

• Slippery lobby or bathroom floors without signs
• Loose carpeting or uneven flooring
• Faulty elevators or escalators
• Broken furniture, such as collapsing chairs or beds
• Malfunctioning door locks or security systems
• Pool accidents, such as chemical burns or missing lifeguards
• Inadequate lighting in hallways or stairwells

Some cases also involve negligent security, where poor lighting, broken locks, or lack of surveillance lead to assaults or theft. The moment a hotel or resort fails to take reasonable steps to protect guests from foreseeable harm, they may be on the hook legally.

What the Law Requires of Property Owners

Under New York law, hotel owners must take “reasonable care” to keep their premises safe. That includes regular inspections, prompt repairs, and clear warnings if something can’t be fixed right away. The New York Court of Appeals has repeatedly ruled that property owners must take steps to prevent harm when they have notice—either actual or constructive—of a dangerous condition.

Actual notice means the hotel knew about the issue. Constructive notice means the issue existed long enough that they should have known. For example, if a spill sits on a lobby floor for hours with no cleanup or warning, that’s likely constructive notice.

Hotel owners also have to keep detailed maintenance logs. These records often come into play when we investigate how long a hazard existed and what the staff did—or didn’t do—about it.

What To Do After an Injury at a Hotel or Resort

If you were injured at a hotel in New York, there are key steps we recommend to protect your health and your legal claim:

1. Seek medical care immediately, even if the injury seems minor. Documentation matters later.
2. Report the incident to hotel management and ask for a copy of the incident report.
3. Take photos of the hazard, your injuries, and the surrounding area.
4. Get contact information from witnesses, especially other guests or staff members.
5. Avoid giving detailed statements to insurance adjusters before speaking to an attorney.

Even if the hotel apologizes or offers to cover your night’s stay, that doesn’t mean they’ll take responsibility for your injuries. We’ve seen many cases where hotels try to avoid liability by blaming the guest or downplaying the situation. That’s where careful legal guidance comes in.

Do Liability Waivers Affect a Hotel Injury Case?

Some hotels include clauses in their booking agreements that limit liability, especially for certain amenities like pools, spas, or gyms. These disclaimers don’t always hold up in court.

Under New York General Obligations Law § 5-326, liability waivers signed by patrons at public establishments like hotels or gyms may be void if they attempt to shield the property owner from negligence. That means even if you signed something, we may still be able to pursue a claim if the hotel failed to act responsibly.

It’s always worth having us review the specific facts and language in your case before assuming you’re out of options.

How We Approach Hotel Injury Claims

We take hotel and resort liability cases seriously because we understand what’s at stake. A fall or other injury during a vacation or business trip can cause long-term physical and financial consequences. Our process includes:

• Prompt investigations to preserve video, witness accounts, and hotel records
• Clear communication about your medical needs, lost wages, and recovery goals
• A personalized approach that looks at how the injury disrupted your life, not just your bills

We don’t believe in rushing clients or treating them like a file number. Our firm was built on the idea that real people deserve real attention—and that includes follow-up calls, honest updates, and a team that knows your name.

Speak with a New York Hotel Injury Attorney Today

If you were hurt at a hotel or resort in New York, we’re ready to help. We can answer your questions, look into what went wrong, and help you figure out the next steps—at no cost unless we recover something for you.

Call 718-957-8695 to schedule your free consultation with The Law Offices of Thomas Lavin. We’re based in the Bronx and represent clients across the city and beyond. If you can’t make it to our office, we’ll come to you.

Your health and peace of mind matter. Let’s take the next step together.