Our hotel room flooded during the night which caused property damage. The leak originated from the room next door. Their toilet overflowed. We were informed that if it was the occupant’s fault then we have no claim against the hotel itself. Is this true? Is the hotel not liable even though they were aware of the flooding and did not notify us?
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✅ Answers
Of course it’s true.
In order to collect from another party for damage- that party has to have been negligent. That means, there was something the hotel did that caused the toilet to over flow or did not do that would have prevented it from over flowing.
If another guest put too much toilet paper or something else that should not be put in a toilet then the hotel was not negligent. They did not cause the toilet to over flow.
Additionally, when did the tenant who caused the toilet to over flow notify the hotel of the problem?
Can you prove that the hotel knew the water got into your room? It’s likely they were not aware the water had gotten into your room until you notified them.
From what you have posted, you have no cause of action against the hotel.
You can file a claim with your renters or homeowners insurance. If the insurance company believes the hotel was at fault, they will pursue subrogation against the hotel. Your deductible will apply.
Probably not. Liable means, they did something wrong. In this case, maybe the occupant did something wrong, maybe it just happened. I seriously doubt the HOTEL did something wrong.
Until YOU notify the front desk that your room is flooding, they have no way to know if there’s water coming into YOUR room.