Slip and Fall Claims in Guam Hotels & Resorts

Premises Liability Law in Guam

Under Guam's premises liability law, property owners — including hotels and resorts — owe a duty of reasonable care to guests (invitees). This means they must inspect their property for hazards, repair dangerous conditions within a reasonable time, and warn guests of known dangers. The key legal question in a slip and fall case is whether the hotel knew or should have known about the hazard and failed to address it. This is called 'notice' — actual notice (they knew) or constructive notice (the hazard existed long enough that they should have known).

Proving the Hotel Had Notice of the Hazard

Notice is the hardest element to prove in a slip and fall case. Evidence of notice includes: prior incident reports involving the same hazard, maintenance logs showing the hazard was known but not repaired, surveillance footage showing the hazard existed for a long time before your fall, employee testimony that they saw the hazard, and inspection records showing the area was not checked. An attorney must act quickly to preserve this evidence — hotels regularly purge maintenance records and overwrite surveillance footage within 30 days.

What to Do Immediately After a Hotel Slip & Fall

Report the incident to hotel management immediately and insist on a written incident report — get a copy before you leave. Photograph the hazard from multiple angles before it is cleaned up or repaired. Get the names and contact information of any witnesses. Seek medical treatment that day — even if you feel okay, document your injuries with a medical professional. Do not sign any documents the hotel presents to you without legal review. Do not accept any immediate payment or gift from the hotel — this is often a tactic to get you to release your claim.

Why Tourist Slip & Fall Cases Require Immediate Action

Tourists are at a particular disadvantage in slip and fall cases: they are often leaving Guam within days, they may not realize the severity of their injuries until they return home, and the hotel's insurance team begins building its defense the moment you report the incident. The hotel will photograph the scene (from angles that minimize the hazard), interview employees (who will be coached), and preserve only the evidence that helps them. You need an attorney in your corner immediately to level the playing field.

Key Takeaways

• File an incident report with hotel management before leaving the property
• Photograph the hazard immediately — hotels repair dangers quickly once they know about liability
• Request a copy of the incident report — do not leave without it
• Do not sign any documents or accept any payment from the hotel without legal review
• Surveillance footage is typically overwritten within 30 days — an attorney must act fast

Frequently Asked Questions