What are my rights if I suffer an injury at a hotel due to dangerous conditions?

Question

Had a bad fall at a hotel where I was staying, in the tub. It was a form tub with no anti-slip material in the bottom of the tub. No water had been ran so the tub was dry when I fell. It was very slippery. When I reached to turn on the water for the shower I sufferered a bad fall which I found out later broke my leg bone.

Jared Altman · Answer

Yes. You need a personal injury lawyer.

Charles E. Cartwright · Answer

A landowner in Florida owes a duty to invitees to maintain its property in a reasonably safe condition and to warn invitees of any hidden dangerous conditions.  Based upon the facts as you have explained them, you may be able to recover past and future medical expenses, past and future lost wages, and past and future pain and suffering.

Michael Yurasov-Lichtenberg · Answer

To begin with, you have the right to be compensated for your lost wages and medical expenses under the hotel's premises insurance - regardless of whether there was a dangerous condition. If, in fact, there was a dangerous condition, the hotel is liable to you for all tangible damages (lost wages, and medical and other expenses) plus pain&suffering.  The threshold question, it seems, is whether you can prove that you fractured your leg bone in that hotel.

Larry Klein · Answer

In order to hold the hotel responsible for your injuries you would have to prove that you slipped in the tub due to a dangerous condition in the tub and you would also have to prove the the hotel either created the dangerous condition or that the condition existed for such a length of time that the hotel should have discovered it.  The fact there was no anti slip material on the bottom of the tub could potentially be a basis for claiming that the tub was in a dangerous condition.  Please not there there are time limits that apply to these types of claims called the Statute of Limitations and you must either have your case settled or file a lawsuit within the applicable Statute of Limitations or you would lose any rights you have to present a claim.  If you do make a claim, you are entitled to make a claim for your past and future medical bills that you incurred, any past and future lost wages due to the injury and damages for past and future pain and suffering.

Ronald A. Steinberg · Answer

It kind of depends on how long you were in the tub before you fell.  At a certain point, the law blames the victim for putting themselves into harm's way. If you got into the tub and found it to be slippery when dry, but remained in there instead of getting out and just running the bath, you could be considered comparatively at fault. If a jury found that your negligence was more than 50%, you would get nothing.

Dennis P. Mikko · Answer

You may have a claim against the hotel.  An attorney specializing in personal injury work could assist you in evaluating the possible claim.

Linda Chalat · Answer

This type of case is very fact-dependent, the successful slip and fall claims have strong documentation as to the facts of the accident and the injuries suffered.  When an accident occurs because of a known condition, such as a failure to provide non-skid surface in a tub which management is aware, then there is a better argument to be made concerning landowner liability.  And if the accident victim is immediately treated by EMT personnel or personal physician, then it is easier to prove an injury from the accident.  We represented a client who fell in a bathtub at a Sheraton Hotel and we were able to prove that the management had deliberately skipped the non-skid mats for about half the bathtubs in the hotel.  This was the basis for a punitive damages claim against Sheraton.  Given the severity of your injury, and the possibility that you may require further medical treatment, then you should speak with an attorney.

Mark Smith · Answer

You can sue the hotel for the fall but you must show that the hotel had a   duty to provide a safe tub and the hotel had knowledge of the defective   condition, constructive or actual.

Stephen Lombardi · Answer

These cases have been around a long time. There are experts who   assess the slipperiness of surfaces which is why manufacturers add non slip   materials to the bath tub surface or owners add something. You'll simply have  to  locate a qualified personal injury attorney in the town/city where the  hotel was  located and then try to persuade them to take on your case. Which  by the way  will not be easy because slip/fall cases are difficult to win  without spending a  lot of money. So the costs and risks are equally high.  Good luck.

David Craig · Answer

You may have a claim but slip in fall cases are very hard.  In Indiana if a jury would find you 51% at fault and the hotel 49% at fault you would still lose.  It is not unusual for juries to find the person who slipped over 50% at fault.  The hotel does have a duty to maintain its premises in a reasonably safe condition.  Simple non-slip strips would have possibly prevented this from happening.  You should consult with an experienced injury attorney.  There is usually no charge for the consultation.

David Blain · Answer

The type of potential lawsuit you have described is commonly known as premises liability. Premises liability is a form of negligence in which the owner of the property has a duty to exercise ordinary care in the management of the premises to avoid exposing persons to an unreasonable risk of harm.  The general rule of premises liability is that a landowner has a duty to take affirmative action for the protection of individuals coming onto his or her property. The failure to fulfill this duty is negligence. The test to be applied to determine if the property owner has failed to fulfill the duty is to determine whether he acted as a reasonable property owner in the management and maintenance of his property. The likelihood of injury to the Plaintiff, the probable seriousness of such injury, the burden of reducing or avoiding the risk and the landowner's degree of control over the risk-creating condition are among the factors to be considered by the jury (or trier of fact) in evaluating the reasonableness of the property owner's conduct.  If you wish to take action against the hotel because you believed their lack of adhesive stickers on the bathtub caused your injury, then you should consult with a personal injury attorney in your area. PI attorney's generally handle these types of claims on a contingency fee basis, which means they front the cost to pursue the litigation. And they are only reimbursed those costs and paid their fee if they are successful in obtaining a settlement or judgment in your favor.

Arthur Aiken · Answer

You may have a premises liability claim against the hotel. You need to get a lawyer to evaluate that claim.

Steven Fairlie · Answer

You can bring a claim against them but should get a lawyer to do so or they won't take you seriously.

Mark Leonardo · Answer

Slip and falls are difficult cases.  You should find a personal injury attorney that can help you.  You would probably need an expert to test the co-efficient of friction (i.e., how slippery it is) and whether the tub meets industry standards.  So when you shop, ask if they have an expert they have used in the past and will the attorney advance the cost of that expert (who would be paid his or her fee when you win or settle).  If you are only interested in getting your medical bills paid, the hotel probably has an insurance policy that contains a med-pay provision that will pay your medical bills, regardless of fault, up to a specified amount  (usually $5,000 or $10,000).  But I suggest you shop for an attorney.  Nearly all personal injury attorneys have free consultations.

Phong Thanh Tran · Answer

You should hire an attorney to help you file a claim against the hotel.  If you haven't seek medical attention for your injuries yet, the attorney can help you locate a healthcare provider.

Michael Yeksavich · Answer

There are not enough facts to render an opinion. Simply being injured is not  grouds for an injury case.  Defenses include comparative negligence and  assumption of risk. You need to personally consult with an attorney.

Kenneth Ricks · Answer

Try to negotiate a settlement with the hotel (if you have finished treatment or your condition has stabilized). If you are unable to reach a settlement then retain a lawyer and file suit.  Hotels have a greater degree of care when it comes to their paying guests.

Timothy Klisz · Answer

It could be a very decent case.

David Hibbert · Answer

Dangerous conditions in hotels do give rise to actions for negligence. A prompt and proper investigation should be made. As a guest in the hotel , you are entitled to a higher degree of care in most circumstances. Discuss this with an attorney in your state. The laws vary from state to state and local rules will apply.

William Spern · Answer

You have the right to sue the hotelier for creating an unavoidable dangerous condition. Retain an attorney who specializes in personal injury cases.

Gary Moore · Answer

You can actually sue.

Andrew Velonis · Answer

All property owners are responsible for keeping their property in reasonably safe condition. If the hotel management knew or should have known that the bathtub floors were excessively slippery and failed to take steps to correct it, then it can be held legally liable for injuries that could foreseeably result. Of course, evidence for all of those factors will be required, but in my opinion any bathtub in a hotel should have some sort of non-slip surface feature.

Brandon Gardner · Answer

Slipping in a hotel bathtub is an open and obvious danger and, therefore, the hotel is not liable for the injury.

Jeffrey Tuttle · Answer

You can make a claim for damages against the hotel. Slip and fall cases are very difficult. You should contact an attorney to discuss.

Britany Engelman · Answer

You may have a case for premises liability against the hotel and/or a products liability case against the manufacturer of the tub. You should consult a lawyer who specializes in handling these matters to investigate the matter on your behalf. Time is of the essence.

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What are my rights if I suffer an injury at a hotel due to dangerous conditions?

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