The U.S. Department of Labor recently cited the luxury Halekulani Hotel located in Waikiki for fourteen serious health and safety violations that endangered both hotel employees and guests. The Department of Labor’s Occupational Safety and Health Administration determined that hotel management knew or should have known that the hazards on the premises posed a substantial probability of causing death or serious physical harm. Had a guest been injured on hotel property, the hotel may have been responsible for their injuries under the legal concept of premises liability.
What is premises liability?
Premises liability accidents are generally caused by defective or dangerous property (faulty design or construction, defective building materials, poor maintenance and on-site clutter). Accidents range from trips and falls to impact injuries from falling or protruding debris, on a variety of property types.
Who will be held responsible for the personal injuries I suffered on another’s premises?
In premises liability cases, liability is commonly determined according to two basic principles:
A property owner must keep the premises safe: A property owner or occupier owes a legal duty to anyone entering the premises not to subject him or her to unreasonable risk of injury due to the property’s construction, design or current condition.
Any guest on the premises must use the property normally: A property owner or occupier will typically not be held responsible if his or her guest acts in an unexpected, dangerous or careless manner and is consequently injured.