Hotel/Motel Injury Claims

Public Liability injuries may arise either from the action of the other participants, inadequate control, management of the activity, defective premises, or defective equipment. Our Public liability lawyers can handle claims for a wide range of Public Liability related injuries such as Hotel/Motel Injury Claims.

Do you have a claim?

Check to see if you are entitled to compensation. If you have a question, please get in touch with our team.

Do you have a potential Hotel/Motel injury claim?

Make an enquiry

What to do if you have been injured at a Hotel/Motel?

Public Liability injuries may arise either from the action of the other participants, inadequate control, management of the activity, defective premises, or faulty equipment.

Owners and occupiers of Hotel/Motel have the usual duty to take reasonable care for the safety of patrons. If a claimant’s intoxication is a cause of the injury, his or her award of damages will be reduced because to that extent (by at least 25%). Owners and occupiers of commercial and private premises owe a duty to take reasonable care for the safety of persons who enter onto their property.

You are not entitled to compensation merely because you suffered an injury.

The owner or occupier is required to take reasonable care. What is reasonable depends on all the circumstances.

Public area claims usually fall into one of two categories, namely defective design or construction on the one hand or inadequate surveillance or maintenance on the other.

They may also be liable for defects of which they had been aware of which they ought to have become aware. These claims are subject to the Civil Liability Act 2003 and Personal Injuries Proceedings Act 2002. The Civil Liability Act 2003 limits liability for “obvious risks” and “dangerous recreational activities”.

If you are unsure where to start, contact our expert public liability lawyers who will give you advice.


Schedule your free initial consultation

At our initial consultation, we can give you more information about the claim process and discuss the viability of an insurance or compensation claim. We will also confirm your eligibility for no win no fee terms to pursue your case.


Investigation & gathering evidence

We will investigate and gather evidence while you recover from your injuries. This includes collecting medical treatment records prior to the accident and subsequent to it.

At the same time, we will also collect employment and income records so that a complete before and after pictures can be painted.


Get Independent Medical Specialists' opinions

Once we obtain all relevant medical records, including reports from your treating doctors, we will get an independent medical expert opinion as to the extent of your injury.

From those reports, we will formulate how the Rental Property Accident has impacted you and your family at work and at home.


Lodge your claim

If the investigation results satisfactorily, we will then lodge your insurance claim where possible and if the circumstances allow, a compensation claim for the physical and psychological deficits you have sustained as a result of the accident.


Attendance at informal settlement meeting

We will formulate your damages demand if applicable and appoint an out of court meeting to negotiate the resolution of your claim settlement.


Claim settlement or court proceedings

Statistically, more than 97% of compensation claims are settled out of court. In many cases, the claim is resolved successfully during the informal settlement meeting, and you will receive compensation to which you are entitled.

If your claim has not been resolved at this stage, we will file proceedings in court to help you get the compensation to which you are entitled according to law.

Are local authorities 'liable' if there's been an assault caused by other patrons in Public Liabilitys such as hotels/motels?

For potential claims arising out of an assault by another patron, the assailant can be sued individually or, in some cases a claim for criminal compensation can be made. Because of the limited scope of recovery in those types of claims, it is prudent also to consider other avenues of compensation.

In some cases, it may be possible to proceed against either the venue itself or the security company if security management is contracted to a separate organisation, for example, if the hotel or security firm unreasonably failed to prevent the particular assault occurring.

For such a claim to succeed it must usually be shown that one of the following occurred:

  • The relative numbers and distribution of security personnel compared to the number of patrons on the premises was inadequate.
  • Te period during which the altercation had been building before the assault occurring was of sufficient duration that a flexible system of surveillance would have detected and prevented the assault. (An hotel is not liable for an assault which occurs without any warning whatsoever).
  • The assailant was previously unruly, violent or exhibiting signs of intoxication such that a reasonable system of management would have ensured that he or she was ejected from the premises before the assault.

Are local authorities 'liable' if there's been an assault caused by hotel/motel security personnel in Public Liabilitys such as hotels/motels?

Compensation may be available for this type of injury by way of a lawsuit against the assailant or illegal settlement in some cases. Because of the limited scope of recovery in those claims, it is prudent also to consider other avenues of compensation.

The success of a civil claim against the venue or the security firm depends on whether the act which caused the injury with it was within the scope of the authority of the employee who performed it. An employer hotel or security firm will usually not be liable if one of its personnel is acting entirely outside the scope of his or her duties on a frolic of his or her own.

An exception to this may arise where the employer has been insufficiently diligent in screening the history of a violent employee who causes the injury.

The criminal defences of provocation and self-defence are also available in civil lawsuits. These defences can not be relied on where the extent of force used by the security personnel was unreasonable.

Often video records of events which occur on entertainment venues exist. It is prudent to promptly notify the place after an assault occurring and require it to preserve the video records so that they are available for any subsequent court hearing or police investigation.

As in the case of all assaults, those which occur at entertainment venues should be reported to police promptly, and medical attention should be obtained to record the extent of injuries.

How much insurance or compensation will I receive for public liability injury?

It all depends on the success of your claim, which will depend on the quality of your evidence and the case you make when you make a claim. The amount of insurance you are entitled to is based on a comparison of how your life was before and after the accident.

If someone whose injury has had a significant effect on their quality of life (work, psychological, physical) is entitled to greater compensation than someone whose injury has had a minor impact on their lives.

As is the case in other situations, the right to claim damages for injury depends on the circumstances and the basic five elements must be proved:-

  • extent of duty owed;
  • breach of duty;
  • pre-existing health prior to the accident;
  • pre-accident lifestyle;
  • injury complained of has been caused by that breach.

The amount of compensation also is determined by:

  • General damages (loss of enjoyment in life due to suffering);
  • Out of pocket expenses (medical bills, rehabilitation costs);
  • Any loss of income and superannuation contributions;
  • Potential medical or personal care costs that is likely to occur due to the injury; and
  • The interest from the loss of earnings.

What’s my chance of a successful Public Liability claim?

Every situation is different. For TPD and other insurance, this depends on your particular policy. In compensation claims, we need to carefully consider:

  • how the accident occurred;
  • whether any element of the design or construction fell below reasonably acceptable standards;
  • how and when the owner or property manager was made aware of the defect;
  • whether there had been a reasonable period of time within which the defect or to have been rectified; and many other things.

How can I increase my prospects of success?

It is crucial that you:

  • Report the accident as well as your injury to the proper authorities immediately. Make sure that you make a list of all the relevant details immediately so you don’t forget any crucial details later on.
  • Take pictures, if possible, of your injuries, the cause of your injuries, and or the scene of the accident.
  • Record the details of any of the witnesses to the accident.
  • Seek appropriate medical attention for your injuries. If the injury is serious it is crucial that you see a medical professional as soon as possible in order to assess and report the injuries for evidence.
  • Keep all receipts of any medical or out-of-expenses that relate to the accident.

Engaging an experienced public liability lawyer who specialises in public liability claims can make the process easier, more efficient and more likely successful for you.

What kind of evidence do I need to keep and collect?

To assist your lawyer with the investigation, it is important to try to do the following:

  • Make notes of your recollection of all events relevant to the accident
  • Record names and addresses of witnesses
  • Take photos and video of the place where you were injured. “A picture tells a thousand words”. Sketches are also helpful
  • Take photos and video of any product, equipment or object that injured you
  • Take photos of your injuries
  • Keep any defective product which caused an injury
  • Keep details of your absences from work caused by the injury
  • Make a list of visits to doctors, physiotherapists, chiropractors etc for treatment and follow-up visits
  • Keep all invoices and receipts for medical, chemist etc expenses
  • Record details of assistance provided by friends and family members
  • Collect contractual records.
  • Collect documents showing your loss of earnings and earning capacity including wage slips, group certificates, income tax returns (for 6 years prior to the accident and each year after), references and resumes

What are the fees for compensation claim for public liability accidents?

It is essential to always speak to an expert compensation lawyer about your situation. Your financial position should not prevent you from seeking legal advice in regards to your injury you suffered that you are ‘not-at-fault’ for.

Medical bills and taking time off work or even worse, potentially not being able to return to work can be costly.  Carter Capner Law offers a ‘no win no fee’ service in many cases.

Types of injuries that can occur in a Public Liability?

Public Liability injuries may arise either from the action of the other participants, inadequate control, management of the activity, defective premises, or defective equipment.

Head and brain injury.

Spinal and neck injury.

Soft tissue injury.

Upper and lower limb injury.

Ankle, knee and wrist injury.




Shock, anxiety and depression.

The CCL method

Our compensation lawyers will quickly review the circumstances of your case to determine your prospects of a successful personal injury claim. And once we have approved your case the claim process can be promptly started following the CCL method


Assemble the initial information you are able to provide

Proper case preparation demands meticulous attention to detail. That's why right from the start, we collect all the facts and continuously verify them with you and other sources. Constant updates to your comprehensive statement will ensure everyone - you, us, medical specialists and barristers - stay precisely on the same page.


Prepare initiating Claim Notice.

Once sufficient facts have been collected and the identity of the at-fault party confirmed, and initial Claim Notice can be completed in a way that persuasively asserts the basis and extent of your compensation request.


Keep collecting the facts.

Diligent claim preparation requires a comprehensive understanding of your medical income and employment histories. We will obtain records from accident related treatment provided as well as from health professionals who have treated you for any prior conditions. Employment and income records asked also be collected and diligently examined .


Medical investigation of injury.

The extent of accident related injury must be independently verified by medical experts. Because compensation is paid for the permanent effects from an injury, specialist medical assessment is deferred until 9 – 12 months post injury. We'll arrange examinations with appropriate specialists and the insurer of the at-fault party is entitled also to have you examined by its specialists.



Once all information has been collected and medical specialist reports obtained, we will carefully formulate the "damages" components of your claim demand. The CCL Method requires that every component - general damages, lost wages, expenses you have incurred, the value of past and future domestic care and the value of loss of future earning capacity - is based on authoritative evidence.



After the insurer has considered your damages ask, a settlement conference is arranged to attempt to negotiate a resolution. Although informal, the success of the conference depends on the extent of preparation that has gone before it. Offers will be exchanged and if the insurer is being reasonable, the conference offers a good opportunity to finalise the claim.


Settlement not reached: heading to court

If you are unable to reach an agreement within 60 days after the conference, a Claim and Statement of Claim must be filed in court in relation to your accident. The defendant may then file a Defence and the court process then continues until the dispute is listed for a trial where witnesses are called to give oral evidence and a judge makes a final determination.

What fees do you pay a solicitor for Public Liability Injury compensation?

Carter Capner Law's No-Win No-Fee terms affords fairness to those seeking compensation for personal injury including loss of income and future loss of income earning capacity. No-Win No-Fee - sometimes called "no-win, no-charge" and "no-win no-pay," allows legal representation to a level equivalent to that of the insurance company that will be resisting your payout. Essentially No-Win No-Fee terms provide that fees and case expenses are only payable when the claim is finalised and only if it is successful.

  • Court Filing Fees

  • Medical specialist consultation & report fees

  • Medical records collection fees

  • Expert report fees

  • Claim investigation

  • Barristers

    We will secure the services of a barrister who will also offer No-Win No-Fee terms

  • Document production

  • Police Report Fees

  • Government agency search fees

  • Freight & courier

  • Office charges

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