Skip to main content
No win, no fee* Carter Capner Law: Insurance Payout + TPD Claims
Quick links

Explore

Case Results Past matters we have run Calculators A few questions about what happened No Win, No Fee* Pricing & terms Resources Guides & tools Knowledgebase Guides & answers Find an office Offices & directions

Firm

About Who we are People Meet the team Careers Work with us Blog Insights & updates News Firm announcements LawSpace Client portal
Email

Travel accidents · Hotels & resorts

Hurt at a Hotel or Resort? You May Be Able to Sue in Queensland

Where it happened, and who sold you the booking, decide which law applies and how long you have. If an Australian business sold you the trip, you may be able to claim here, even if you were hurt overseas.

Start your case review 1300 529 529

Departures

Time limits · Queensland and overseas

  • 9 MTH Notice of claim · Hurt in Queensland Gate A Final call
  • 3 YRS Court action · Hurt in Queensland Gate A On time
  • 3 YRS Claim · Australian business that sold it Gate B On time
  • 1 YR+ Court action · Hurt overseas Gate C Final call

The Queensland notice is due within 9 months of the incident (or of first symptoms, if later), or 1 month after you ask a lawyer to act for you and the party responsible is known, whichever comes first. Overseas time limits vary by country, and some are as short as 1 year. If that country’s law applies, so does its time limit, even in a Queensland court.

Which rules apply

Three gates. Where it happened, and who sold it, decides which one is yours.

Gate A · Hurt in Queensland

Queensland law
Who it covers

A hotel, resort or holiday let in Queensland.

  • A claim against the operator, the owner, or a contractor who caused the hazard.
  • Negligence has to be shown: that they didn’t take reasonable care.
  • Notice of claim within 9 months of the incident (or of first symptoms, if later), or 1 month after you ask a lawyer to act for you and the party responsible is known, whichever comes first.
Court action, from the date of the injury.3 YRS
Gate B · Sold in Australia

Australian Consumer Law and your contract
Who it covers

Hurt overseas on a trip, package or activity an Australian business sold you.

  • Its services must be provided with due care and skill. (Australian Consumer Law s 60)
  • If it sold you a package, it may be responsible for parts run by others.
  • We check which pre-court steps apply on the first call.
Generally, for a personal injury claim.3 YRS
Gate C · Booked direct overseas

The law of that country
Who it covers

Booked straight with an overseas hotel or operator, with no Australian business involved.

  • The law of the country where it happened usually applies.
  • So do its time limits, even in a Queensland court. (Choice of Law (Limitation Periods) Act 1996 (Qld))
  • The claim is often run there, and we can work with local lawyers.
Varies by country. Some allow as little as 1 year.1 YR+

Connections

Who can be responsible.

A hotel injury can involve more than one business. We work out which of them to claim against, and where.

  1. The hotel or resort operatorIt has to take reasonable care of its guests. Usually the first claim. MOST LIKELY
  2. The Australian business that sold the tripA travel agent, tour company or booking site. Its duties come from its contract and the Australian Consumer Law. IF BOOKED HERE
  3. The business running a hotel-sold activityTours, transfers, water sports and day trips run by another company. ALSO POSSIBLE
  4. A contractor who caused the hazardFor example, a cleaning or maintenance company. ALSO POSSIBLE

How it happened

Where hotel injuries happen.

Most hotel and resort claims start in one of these places.

  • Pool and wet areas

    Slippery tiles, missing signs, unmarked steps and poor lighting around pools, spas and bathrooms.

  • Room and bathroom falls

    A shower with no grip, a loose rug, a broken chair or bed, or a step you couldn’t see.

  • Balconies and stairs

    A loose or low balcony rail, a broken step, or a stairway with no handrail.

  • Food and drink illness

    Illness from a buffet, room service, ice or water, where it can be traced to the hotel.

  • Tours the hotel sold

    Day trips, transfers and water sports booked through the concierge or front desk.

Check-in

Four things to do straight away.

  1. Tell the hotelAsk for a written incident report, and get the duty manager’s name.
  2. Get checkedSee a doctor the same day, here or overseas, and keep the records.
  3. Take photosThe spot, the hazard, your injury, and any warning signs, or the lack of them.
  4. Keep your bookingWho sold you the trip, the confirmation, receipts, and names of anyone who saw it.

Baggage claim

What you can claim.

How damages are assessed depends on which law applies and where the claim is brought.

  • Medical, hospital and rehabilitation costs
  • Getting home, and changed travel plans
  • Past and future lost income
  • Pain and suffering
  • Care and help at home
  • Other out-of-pocket costs

Now boarding

How we run your claim.

In order, from the first call to court if it’s needed.

  1. 1

    No-obligation first consultation

    We work out which law applies, who to claim against, and when your time runs out.
  2. 2

    Notice to the hotel and the seller

    And we ask for incident reports, CCTV and maintenance records before they’re lost.
  3. 3

    Medical evidence

    Reports from your treating doctors, here or overseas, and an independent specialist.
  4. 4

    Negotiation

    With the insurers, once your injury has settled enough to value.
  5. 5

    Court action, in time

    If the claim hasn’t resolved, proceedings start before the time limit.

Costs

What it costs you.

No win, no fee*

If your claim doesn’t succeed, you pay no professional fees for our work. You may still have to pay outlays, such as report and court fees, if your costs agreement says so. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs. We explain this in writing before you sign.

  • No-obligation first consultation

    You decide whether to go ahead once you know your options and the likely costs.

  • Everything in writing

    Fees and outlays are set out in a costs agreement before we start.

  • Capped at 50%

    Our professional fees are capped at 50% of what you recover, after refunds and outlays. (Legal Profession Act 2007 (Qld) s 347)

Information desk

Straight answers.

Sometimes. If an Australian business sold you the trip, package or activity, you may be able to claim against it here. A claim against the overseas hotel itself is usually decided under the law of that country, including its time limits.

Guides that go further.

Hurt at a hotel or resort?

Overseas time limits can be as short as 1 year. Talk to a lawyer now. There’s no obligation to go ahead.

1300 529 529 Start your case review

General information only, not legal advice about your situation. No win, no fee*: if the claim doesn’t succeed, you pay no professional fees; whether outlays are payable depends on your costs agreement. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs.