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Hotel Slip And Fall Case – Expert Advice

February 24, 2009

The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Subject: Hotel trip and fall!

Question: I was at a large hotel chain over the weekend. I had a car accident in November and just finished 2 months of physical therapy. While in my hotel room I tripped on a thing sticking out of the side of the bed and reinjured/aggravated my back injury. I spoke with the claims representative today and he said that he determined that I didn’t have a claim because I didn’t seek medical attention right on the spot. I go to the doctor once a week and had taken medication for my back that morning. I am in more pain this week because of the jerking motion that was caused by the trip and fall. He offered to pay medical co-pays but I have none because I am already being seen for my back and have wonderful insurance. He offered $250 and to sign off on the injury, when I mentioned seeking legal counsel he offered $500. What do you think I know I have a case but how much of a case!!!

Answer: It depends on where you are located, how badly you are injured, and on what the "thing sticking out of the side of the bed" was.  Laws vary from state to state.  You should check with an attorney that would specialize in a slip and fall case in your area.

Generally, a hotel generally owes two duties to its guests – to maintain the hotel in a reasonably safe condition, and to warn people of dangerous conditions on the property which people lawfully on the
property may not be able to appreciate.  If the "thing sticking out of the side of the bed" is just a metal bed frame, in its normal place, you may not have much of a claim.

On the other hand, if the "thing sticking out" is a bent piece of metal that should not be protruding from under the bed, then you may be able to establish liability against the hotel, and you move on to a
discussion of how bad your injuries are.

Your best bet is to speak with an attorney that would specialize in a slip and fall case in your area.  If the claim is only worth $250-$500, they will most likely decline handling the claim but at least you have
confidence in what the right decision is to your question.  If the slip and fall case claim is worth more, most premises liability attorneys handle claims such as yours on a contingent basis – you don’t pay an attorney’s fee unless your attorney recovers money for you, so you have nothing to lose by consulting with an attorney in your area.

If you are in Florida, I would be happy to talk to you further about your slip and fall case.

For more information about a Florida slip and fall case, contact Florida premises liability lawyer Joseph M. Maus at 1-866-556-5529 or email him today.

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