QUESTION
Do I have a case for slipping and falling and fracturing femur in hotel room with hardwood floors?
Asked on Sep 12th, 2013 on Personal Injury - New York
More details to this question:
While in a hotel room that had both carpet floors and hardwood floors, I took off my shoes and was in socks. As soon as I took one step onto the hardwood floor my feet came out from under me. I fell and fractured my femur and had to have a rod inserted by surgery that night. Do I have a case since I was in socks?
9 ANSWERS
Thomas Edward Gates
You do not have a case because you are unable to show how the hotel was negligent.
Answered on Sep 13th, 2013 at 2:34 PM
James Eugene Hasser
You may but it will probably take an expert to prove it. You can try arguing the floors were too slick, but I doubt they'll buy it. You'll probably need to get a personal injury lawyer familiar with slip and fall cases.
Answered on Sep 13th, 2013 at 12:51 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I can't tell. You would have to show that the owner/operator of the hotel was negligent and this negligence caused your fall. I see nothing in your story to suggest that the hotel was negligent. However, if the hotel placed something on the floor to cause it to be slippery and hazardous, you might have a case.
Answered on Sep 13th, 2013 at 12:40 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I don't know. It doesn't sound like the hotel was negligent. Generally, people know that wood floors are slippery in stocking feet. Remember "Risky Business?" A jury would probably find that you were more negligent than the hotel.
Answered on Sep 13th, 2013 at 10:43 AM
Arbitration & Mediation Attorney serving Ann Arbor, MI
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Blaske and Blaske PLC
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if this happened in Michigan, no Nothing defective or dangerous about the floor, and you decided to walk around in your socks if you decide to pursue it further, be advised that you have 3 years from the date of the fall to file a lawsuit, otherwise your lawsuit will be time-barred.
Answered on Sep 13th, 2013 at 9:50 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You don't get anything for injury. You have to prove the hotel was at fault. Doesn't sound like the hotel did anything.
Answered on Sep 13th, 2013 at 9:16 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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If you can prove that the hotel was negligent in it's selection of flooring material and/or that they treated the floor in such a fashion as to make it hazardous then you should have a case. Typically the proofs of the above will require expert witness testing/testimony. Typically there are questions about "notice" in these cases (ie: did the hotel know of a danger, or should they have known?), so once suit is started, discovery may lead to proofs that other similar incidents had happened which would serve as notice to the hotel of the problem (you can also search the local court files to see if other suits were filed vs. the same hotel for the same type incidents). In Michigan there is the added burden of the defendant having no duty if the danger is "open and obvious on casual inspection".
Answered on Sep 13th, 2013 at 8:53 AM
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Your case is a weak one based on the facts submitted. There is nothing to indicate that there was any kind of defect. Having carpeting and also a wood floor, in and of itself, does not equate to negligence.
Answered on Sep 13th, 2013 at 8:50 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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If you have evidence to show that the hardwood floors were unusually slippery, such as they were polished too much or with the wrong kind of wax, you might have something to go on. I wonder if you could find out if this had happened at this hotel before. Otherwise, there is no liability just bad luck. Ask if the hotel carries a medical payments provision in it's insurance policy, that may cover your medical expenses even though it was not their fault.
Answered on Sep 13th, 2013 at 8:49 AM