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 Colorado, hotels have a legal obligation to exercise reasonable care to ensure the safety of their guests and others on the premises. This duty includes protecting them from foreseeable hazards and the actions of other guests or intruders. 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. Common issues that could lead to liability include slips, trips, falls, insect infestations, food poisoning, exposure to harmful substances, theft, and property damage. Conversely, guests are responsible for compensating the hotel for services and accommodations provided and may be held liable for any damage they cause to hotel property. Additionally, both guests and hotel employees can face criminal liability for offenses such as assault, battery, or theft. Colorado's specific regulations and case law dictate the extent of liability and the available defenses for both hotels and guests in such situations.