Were you injured during a stay at a Florida hotel?

At Warner & Fitzmartin Personal Injury Lawyers, we hold hotels and their management companies accountable when unsafe conditions injure a guest in Florida.

If a stay at a Florida hotel left you injured, our attorneys can hold the hotel and the companies behind it accountable for the unsafe condition that harmed you. Warner & Fitzmartin Personal Injury Lawyers traces the hotel’s ownership and management chain, obtains the incident report and surveillance footage, and pursues each company that shares fault. Our Florida hotel injury lawyer takes on the hotel companies and insurers to help injured people get treated fairly. Contact our office for a free review of your claim.

Hotel Injury Lawyer Florida

A hotel injury lawyer represents guests hurt by unsafe conditions at a hotel or resort. Because a hotel is a commercial business open to the public, its owner and operator owe guests a high duty of care to keep the property reasonably safe, which places these claims within premises liability. Responsibility can extend beyond the on-site operator to a management company or the brand that franchises the property, and each may carry its own insurance. A hotel guest is treated as a business invitee, the status owed the greatest degree of protection under Florida premises law.

Florida drew a record 142.9 million visitors in 2024, according to VISIT FLORIDA, and the state’s hotels house millions of those guests every year. That volume places an ongoing duty on hotel operators, and a company that neglects maintenance, staffing, or security can be held responsible when a guest is injured.

Types of Hotel Injury Cases We Handle in Florida

Hotel injuries arise from conditions the property’s owner and operator are responsible for maintaining, from guest rooms to pools, hallways, and parking areas. We handle the following matters, and each begins by determining what the hotel knew about the hazard and what its staff did or failed to do.

  • Slip and fall. Wet lobby tile, freshly mopped floors left without warning signs, and slick pool decks cause falls throughout a hotel. We establish the hazard and the staff’s failure to correct or warn of it. Surveillance video often shows how long it went unaddressed.
  • Negligent security. Hotels owe guests reasonable protection from foreseeable crime, and assaults, robberies, and other attacks may support a claim where locks, lighting, or staffing were inadequate. We review the property’s record of prior incidents and its security measures. A pattern of earlier crime is often central to these cases.
  • Swimming pool and hot tub accidents. Hotel pools and spas present a risk of drowning and near-drowning when fencing, depth markings, or lifesaving equipment are missing. Near-drowning can cause permanent brain injury even when a guest survives. We examine whether the operator met basic water-safety duties.
  • Legionnaires’ disease and waterborne illness. Poorly maintained hot tubs, cooling towers, and plumbing can spread Legionella, which is fatal for roughly one in ten people who contract it, CDC data reports. We pursue operators who neglect required water management.
  • Elevator and escalator injuries. Sudden drops, misleveling, abrupt stops, and entrapment injure guests when a hotel defers inspection and maintenance. These incidents can cause serious falls and crush injuries. We identify the parties responsible for upkeep.
  • Stairway and balcony falls. Broken steps, loose railings, and inadequate lighting cause falls on interior and exterior stairs and balconies. A fall from height often results in spinal and orthopedic injuries. We review the structure’s inspection and repair records.
  • Bedbug infestations and unsanitary conditions. Bedbugs, which federal agencies classify as a public health pest, cause bites, infections, and related harm when a hotel neglects housekeeping and pest control, EPA guidance explains. We document the infestation and the hotel’s response.
  • Wrongful death. When a hotel accident results in death, eligible family members may pursue a claim for their loss. We handle these cases with discretion and pursue full accountability. A recovery cannot undo the loss, but it can bring a measure of stability.

Why Choose Warner & Fitzmartin Personal Injury Lawyers as My Hotel Injury Lawyer in Florida?

Prepared to Take On Hotel Companies and Their Insurers

A hotel claim often means facing a management company, a national brand, and their insurers at once. Aaron Warner and Elissa Fitzmartin prepare each claim to withstand that resistance and to proceed to trial when an insurer will not offer a fair figure. Mr. Warner is a civil litigation attorney named a Super Lawyers Rising Star, and Ms. Fitzmartin, a trial attorney, has been recognized by Best Lawyers as One to Watch and admitted to the Million Dollar Advocates Forum. Both earned their law degrees at the University of Miami School of Law. Our personal injury lawyer in Florida meets the hotel’s records and retained specialists with an investigation of equal rigor.

Proven Recoveries in Premises Injury Claims

Our firm has recovered millions of dollars for injured clients throughout Florida. Premises and injury results include:

  • $1,500,000 in a premises liability case
  • $385,000 in a separate premises liability claim
  • $235,000 for a slip and fall injury
  • $175,000 in a negligent security matter
  • $170,000 for a trip and fall

Every case is decided on its own facts, and an earlier recovery is not a forecast of another outcome. What these results show is a firm that investigates thoroughly and prepares each claim as though it will be tried.

What Is Important to Understand About a Hotel Injury Case?

What Are Important Aspects of a Hotel Injury Case?

A hotel claim depends on evidence, much of which the hotel itself holds. Acting before that evidence is lost matters, because surveillance footage is often recorded over within days. The following materials frequently determine the strength of a claim:

  • The hotel’s incident report and your own written account
  • Surveillance footage from the area where you were hurt
  • Photographs of the hazard and of your injuries
  • Your reservation, folio, and messages with the hotel
  • Medical records and the names of any witnesses

Establishing whether a fall was a slip versus trip can affect how the hazard is proven and which safety failure caused it.

What Is the Hotel Injury Case Timeline?

A hotel claim moves through several stages, and its length depends on the severity of the injury and whether the hotel’s insurer accepts responsibility. It usually begins with medical treatment and a prompt investigation that secures the hotel’s records before they change. From there, we present a demand to the insurer, and many claims resolve in negotiation. When an insurer refuses a fair figure, the claim proceeds to a lawsuit, and the stages that follow include discovery, a deposition of hotel staff and management, mediation, and trial if no fair resolution is reached.

Under Florida Statute 95.11, most negligence claims that accrue on or after March 24, 2023 must be filed within two years, down from the previous four, and a guest who misses that deadline generally loses the right to recover.

Damages, Liability, and Compensation for Hotel Injury Cases

Liability in a hotel claim rests on negligence. A guest generally must show that the hotel owed a duty of care, failed to keep the property reasonably safe, and caused the injury as a result. More than one company may share that responsibility, including the on-site operator, a management company, and in some cases the franchisor, depending on who controlled the condition. Florida applies modified comparative negligence under Florida Statute 768.81, so a guest found more than 50 percent at fault recovers nothing, while a smaller share of fault reduces the award proportionally. Identifying each responsible company early matters, because a management contract or franchise agreement can determine which insurer must answer for the claim.

Compensation is generally divided between economic damages, such as medical bills and lost income, and non-economic damages, such as pain and suffering and the lasting effects of a serious injury. A catastrophic injury, such as a brain or spinal injury, can justify substantial damages for future medical care and diminished earning capacity.

What Should You Bring to Your Hotel Injury Consultation?

Bring whatever you kept from your stay. Even a reservation confirmation and a few photographs help us evaluate the claim.

  • Your reservation confirmation and hotel folio
  • Photographs or video of the hazard and your injuries
  • The hotel’s incident report, if you received a copy
  • Medical records and related bills
  • The names and contact details of any witnesses

The initial consultation is free and confidential. We will assess the claim, explain your options, and describe the next step, with no obligation to retain our firm. If we decide to work together, we will explain each stage before it happens.

Reach Out to Warner & Fitzmartin Personal Injury Lawyers to Schedule a Consultation

When unsafe conditions at a hotel cause a serious injury, Warner & Fitzmartin Personal Injury Lawyers is ready to hold the responsible companies to account. Contact us to schedule a free consultation with our Florida hotel injury lawyer. We can review what happened, answer your questions, and explain how to proceed.