QUESTION
Can I sue the hotel after I left the hotel lobby and slipped going to the front door?
Asked on Apr 22nd, 2014 on Personal Injury - Alabama
More details to this question:
I was out of town for work. They had been watering. A concrete slope was at the exit. It was wet. I fell and sprained my ankle. There was no sign.
8 ANSWERS
Edwin K. Niles
Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use REASONABLE care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim comparative fault, meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on the question of fault.
Answered on Apr 24th, 2014 at 4:39 AM
Ronald A. Steinberg
Under Michigan law, if you COULD not see either the water or any signs of someone having mopped (caution signs, yellow buckets, etc.) then you may have a valid case. The courts take the position that if there are any indications of a defect of the premises that would put the victim on notice, then that gives them free rein to toss the case out of court.
Answered on Apr 23rd, 2014 at 4:33 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You did not say you were hurt. you get nothing for a "slip" only if it is entirely the fault of someone else and no fault of yours. In this case if the matter was open and obvious that is not good for a claimant. Why don't you look where you are going is the defense.
Answered on Apr 23rd, 2014 at 2:02 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can try. You will have to prove that it was unreasonable for there to be no sign. However, you will also have to prove that the wet concrete was the cause of your slipping and not just a bit of clumsiness on your part. And then, you will have to prove damages. You might be better off sending a letter to the hotel, with a copy of your medical bills and ask for $5000. They might pay it just for nuisance value.
Answered on Apr 23rd, 2014 at 10:51 AM
Plaintiffs Personal Injury Attorney serving Chula Vista, CA
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Law Office of Frank DeSantis
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Yes to both questions, assuming negligence is proved.
Answered on Apr 23rd, 2014 at 10:51 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Maybe. Sounds like an "iffy" case, but if further facts can be developed in the hands of the right lawyer, perhaps something can come of it. Don't know if its worthwhile over a sprained ankle, though.
Answered on Apr 23rd, 2014 at 10:50 AM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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Did you seek medical attention and what was the extent of your injury?
Answered on Apr 23rd, 2014 at 10:50 AM
James Eugene Hasser
Possibly. It will depend on whether they knew or should have known the water presented a hazard and was there and whether the water was an open and obvious hazard.
Answered on Apr 23rd, 2014 at 10:49 AM