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 Georgia, hotels have a legal obligation to exercise reasonable care to ensure the safety and security of their guests and others on the premises. This duty includes protecting them from foreseeable hazards and criminal acts. 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. This can encompass a range of incidents such as slips, trips, falls, insect bites, food poisoning, exposure to harmful substances, theft, and property damage. Guests also have responsibilities, including the obligation to pay for services and accommodations provided by the hotel. Legal issues such as identity theft and criminal activities by guests or employees are also governed by state laws. The specifics of liability in these cases can be found in Georgia's statutes and interpreted through case law. It is important for both hotel operators and guests to be aware of their legal rights and obligations to avoid potential legal disputes.