QUESTION

Is insurance or the company responsible for injuries sustained on their property and why?

Asked on Aug 25th, 2015 on Personal Injury - Washington
More details to this question:
I was walking outside on the grounds of the hotel and there was a piece of the sidewalk and pipe that was cracked. I tripped on it and injured my knee, ankles and arms. I had to have medical attention to both areas and have permanent scarring and am going through physical therapy because of my ankle break. Can I get compensation from the hotel or will insurance take care of it? Are they liable for this incident? If so, how do I file my claim?
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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. The above is my generic response to slip and fall inquiries; trip and fall cases are similar.
Answered on Aug 25th, 2015 at 6:26 PM

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Personal Injury Law Attorney serving Naperville, IL at Law Office of Barry R. Rabovsky
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You may be able to make a case against the hotel. It would be important to review pictures of where you fell to see the defective condition that made you trip. Your medical treatment from the accident would also be important in your case. Thank you for your email.
Answered on Aug 25th, 2015 at 6:17 PM

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James Eugene Hasser
It will depend on whether the sidewalk and pipe were an open and obvious hazard as to whether there will be liability. If the hotel has insurance that has a medical payments provision, it may pay for the medical bills only. Good luck.
Answered on Aug 25th, 2015 at 6:16 PM

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Lisa Hurtado McDonnell
You have to show they were negligent, you may file a claim with either one.
Answered on Aug 25th, 2015 at 3:51 PM

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Ronald A. Steinberg
You, as the plaintiff or claimant, must prove that the hotel breached some responsibility owed to you which was a direct cause of your injury. Some insurance policies provide some medical coverage, regardless of whether or not the property owner is at fault, if you get hurt on the property.
Answered on Aug 25th, 2015 at 3:30 PM

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1. Usually I suggest consulting a p.i. lawyer in your area, but the damages may not be high enough to attract a lawyer who works on contingency. 2. The liability of the hotel's insurer is a function of the hotel's liability. In other words, they must pay when the hotel is liable, but of course they need not pay is the hotel is not liable. 3. The usual way to proceeds is to gather up the papers which show your damages (e.g. medical bills, lost wages) and send the hotel a demand letter with the proof of loss. They will refer it to their insurer. 4. Despite my first paragraph, you might benefit from consulting a lawyer, since lawyers can discuss with you matters which might turn out to be additional items of damages, with which a lay person might not be conversant.
Answered on Aug 25th, 2015 at 3:14 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Need more details, there may be liability or reimbursements fro a number of sources.
Answered on Aug 25th, 2015 at 2:38 PM

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Thomas Edward Gates
You should retain a personal injury attorney. You would file a claim with the hotel, who will give it to their insurance company.
Answered on Aug 25th, 2015 at 2:29 PM

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