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Personal Injury Question

May 10, 2009

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

Subject: personal injury question

Question: I was recently on vacation at a ocean front hotel. I was watching my nieces go back to their room and I saw the door start to close. I put my hand up to catch it and it was literally like a guillotine- severing my right ring finger. Is the hotel responsible? I am not sure where to go from here. Thank you.

Answer: Your email does not say where the hotel was located.  I am an attorney in Florida, so I can tell you about Florida’s laws, but I would encourage you to speak with an experienced premises liability lawyer in your state to find out what laws may apply to your personal injury question.

In Florida, a hotel owes two duties to its guests – to maintain the premises in a reasonably safe condition, and to warn guests of dangerous conditions which the guest might not be able to appreciate.  If the hotel failed to properly maintain the door so that the door slammed on your finger as you described, then the hotel is most likely responsible for your injury, medical bills, and damages.

There are a number of things you need to do to pursue your claim. First, you should have put the hotel on notice of the claim while you were still there.  If you haven’t done so already, you should call them immediately.

The next thing you should do is retain an attorney who can help you with your personal injury question.  Most premises liability/personal injury attorneys handle cases on a contingent basis. That means that you do not owe attorneys fees or costs if there is no recovery on your file.  An experienced premises liability/personal injury attorney can help with your personal injury question and will know what steps to take to pursue your claim.

For instance, you can request the hotel to produce complaints or incident reports of other people that were injured in a similar manner, or other people that have complained about doors closing too quickly.

Your attorney can also check to see if the hotel has "medical payments" insurance coverage. "Medpay", as it is called, will reimburse you for any out of pocket medical expenses you incur as a result of being injured at the hotel.

You should speak with an attorney about your personal injury question as soon as possible if you intend on bringing a claim.  Records get lost and memories fade over time.

If your claim happened in Florida, please give me a call to discuss it further. Good luck.

For help with a personal injury question, contact South Florida injury attorney Joseph M. Maus at 1-866-556-5529 or email him today.

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