QUESTION
Is the resort I was staying at liable for my slip and fall injury?
Asked on Mar 10th, 2014 on Personal Injury - New York
More details to this question:
I was staying at a resort this past week. When returing to the resort after playing in a pool tournament, I slipped on the ivy parking area at the hotel. It was the black ice that can't be seen. Half of parking area was clean. Other half was covered with ice and snow. Because of state pool tournament, parking was full and we were forced to park on icy half. Other witnesses arriving from tournament, people on balcony, and driver of vehicle I was in saw everything. Many standing around while waiting for ambulance were complaining about parking area not being salted. When we arrived at 1 AM, I got out of the car, took a couple of steps and feet flew out from under me. I have a broken wrist. My neck is very sore, and after having neck surgery a year ago, I'm very concerned. I will probably get an MRI to be safe. I also have very sore knee which will be checked out this week, and a sore lower back.
7 ANSWERS
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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Yes, the resort is fully liable for your injury.
Answered on Mar 13th, 2014 at 7:12 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Slip and fall cases are not well liked. Lawyers Judges and jurors don't like them. too many cases are phoney. You would be surprised how many people say they fell in a store on a grape or puddle of water just to get a few bucks. you have to prove fault. How long had the ice been there. How much time to clean it up? Was it open and obvious? Were you careless in light of the fact you were walking on snow and ice? Get you a good lawyer for full review
Answered on Mar 12th, 2014 at 8:24 AM
James Eugene Hasser
In Alabama, if you can prove the icy condition was not open and obvious and that the resort knew or should have known about it and failed to remove it or guard or warn against it, you may have a claim. If they have premises liability insurance that has a med pay provision in it, it may pay for your medical bills only, regardless of liability.
Answered on Mar 11th, 2014 at 6:02 PM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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They should be responsible. Get witnesses names and contact info immediately , hopefully someone took photos. Did you report the incident to the resort? They may have med pay insurance that should pay up to a limited amounts solely for medical expenses. You should promptly retain an attorney experienced in slip/fall cases.
Answered on Mar 11th, 2014 at 6:02 PM
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 Mar 11th, 2014 at 6:02 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I think you do, though I am having a little trouble following the sequence of events. You need a lawyer, though. The resort will give you nothing but run-around.
Answered on Mar 11th, 2014 at 10:58 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney with the details, you appear to have significant injuries and the hotel a potential liability.
Answered on Mar 11th, 2014 at 10:58 AM