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 South Carolina, hotels have a legal obligation to exercise reasonable care to ensure the safety and security of their guests. This includes protecting guests from foreseeable harm due to unsafe conditions on the property, as well as from the actions of other guests and non-guests. 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. This can encompass a range of incidents such as slips, trips, falls, insect bites, food poisoning, exposure to hazardous materials, theft, and property damage. Guests also have responsibilities, including the obligation to pay for services and accommodations provided by the hotel. Legal issues such as identity theft, criminal activities by guests or employees, and damage to hotel property can also arise, with potential legal consequences for those involved. The specific laws governing these liabilities and duties are found in South Carolina's statutes and interpreted through court decisions. It is important for both hotel operators and guests to be aware of these legal standards to ensure compliance and to understand their rights and obligations in the event of a dispute or incident.