Just like any other business, a hotel or motel can be held responsible if its negligence results in the wrongful death of one of its visitors. There are any number of ways that a hotel or motel’s actions might lead to a wrongful death claim.
How to handle hotel and motel liability cases
A recent case is the tragic electrocution deaths of Kendra Pittman and her daughter at a Rocky Mount motel. A malfunctioning heating and air-conditioning unit electrocuted Ms. Pittman and her daughter. If it is found that the motel managers failed to maintain and inspect the unit properly, they may be held liable.
Proving negligence in a premises liability case can be difficult. Often, expert witnesses are required to establish that the property manager failed to abide by the “standard of care.” In a hotel or motel case, this means they didn’t address a hazard they knew or should have known about. Therefore, in Ms. Pittman’s case, attorneys will likely try to prove that the motel manager knew the unit was an electrocution danger. Similarly, that the owner should have known of the danger if they had conducted reasonable inspections of the room.
In many cases, an accident reconstruction expert will assess the situation. These experts do not aim to show the “standard of care”; instead, they aim to prove how someone died. As a result, the general liability insurance for businesses will fight nearly every premise of liability in a wrongful death claim. Therefore, no matter how clear-cut a case may be, having experts on your side is essential.
Wrongful death damages
There is a wide range of damages for victims’ families in wrongful death cases. These include:
- Compensation for the pain and suffering of the victim
- Medical and funeral expenses
- Compensation for the beneficiaries of the estate losing the love and affection of their family member
- Compensation for the loss of net income of the victim
Finally, if the conduct that led to the death was particularly egregious, it may lead to a claim for punitive damages. By definition, punitive damages simply punish the accused. While monetary damages can never bring back a loved one, in many cases, they can help the surviving family.
Help with hotel and motel liability claims
If the negligence of a business owner killed or injured your loved one, the attorneys at Maginnis Howard can help. Our firm has extensive experience litigating complex wrongful death claims, including premises liability claims. We represent clients across the Carolinas in Raleigh, Fayetteville, and Charlotte. You can visit our contact page to send a confidential case inquiry and set up a free consultation.
