Maybe.  The injured person doesn't always have to sue a hotel to get a fair settlement.  I've settled injury cases with hotels for fair value without filing a lawsuit. However, there are times when a hotel denies liability, and offers nothing.  This typically happens if the hotel's insurer feels that the hotel did nothing wrong. A hotel's insurance company may also deny liability if they feel that someone else caused the accident.  That "someone else" could be an installer or product manufacturer. For example, a hotel may place blame on someone who installed something on the hotel's property that caused your injury. If a hotel or their insurer denies liability, you may have to sue to get compensation.