Hotels are places (businesses) where people can sleep, shower or bathe, eat, and try to relax while they are traveling or away from home.
A hotel generally has a legal duty to use reasonable and ordinary care to protect hotel guests and other persons on their property (for business or commercial purposes) from known or reasonably discoverable unsafe conditions on the property—and from other guests and non-guests on the property. And guests generally have a duty to pay for the goods and services they receive.
Some of the legal issues that may arise in connection with a guest’s stay at a hotel include:
• premises liability (slips, trips, and falls)
• bed bugs and spider bites
• food or water poisoning
• personal injuries for bodily harm or exposure to toxic materials
• theft of valuables
• property damage to the hotel or to the guest’s personal property
• identity theft
• payment for services, food, drink, activities
• criminal liability (assault, battery, theft) of a guest or hotel employee
Laws regarding a hotel’s liability to its guests for personal injuries and property damage—and a guest’s liability for personal injuries and property damage—vary from state to state and may be in a state’s statutes and in its court opinions (also known as case law or common law).
In Texas, hotels have a legal obligation to exercise reasonable care to ensure the safety of their guests and others on the premises. This duty includes protecting them from foreseeable hazards and the actions of other guests or intruders. If a hotel fails to meet this standard of care, it may be held liable for any resulting injuries or damages under premises liability law. Common issues that may lead to legal claims include slips and falls, insect bites, food poisoning, exposure to harmful substances, theft, and property damage. Guests also have responsibilities, such as paying for services and avoiding actions that cause harm or damage. Texas law addresses these matters through a combination of state statutes and judicial decisions. For instance, the Texas Deceptive Trade Practices Act can come into play for deceptive or unfair practices by hotels. Additionally, criminal laws in Texas will address any criminal acts committed by guests or hotel employees, such as assault or theft. It's important for both hotels and guests to understand their rights and obligations to minimize legal risks and ensure a safe, enjoyable stay.
