Can I sue hotel if I fall in their property? 15 Answers as of July 26, 2013

I was staying on the top floor of the hotel and as I was recording my kids suddenly my foot went into a hole and fell to the ground full weight on my left knee and shoulder went to the dresser. When I called the front desk the lady came upstairs and told us that " the reason why that hole was there was because they they added that floor a few years back and the contractor left some imperfections " she gave me an ice pack and then refuse to call 911. My wife called 911 for I went to the hospital and the doctor said is just a lot of swelling but no serious injury. I told the doctor I work on my knees all day if that's going to be a problem and she said go back to the ER if it. My salary is based on peace work so this is really going to slow me down and I will lose money. Do I have a case? Thanks.

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The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
This matter may well be pursuable. It should certainly be looked into.
Answer Applies to: Michigan
Replied: 7/26/2013
Briny Woods
Briny Woods | Briny Woods
From the facts provided it appears there is a third party that is negligent between the hotel and the contractor. Contact a local personal injury attorney.
Answer Applies to: California
Replied: 7/26/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Yes, you can sue.
Answer Applies to: Michigan
Replied: 7/26/2013
Candiano Law Office
Candiano Law Office | Charles J. Candiano
On your facts, there is liability but very little recovery. A bruise isn't worth much.
Answer Applies to: Illinois
Replied: 7/26/2013
S. Joseph Schramm | Joseph Schramm
It appears that the hotel has allowed a defective condition to exist which could harm business guests such as yourself. As such you would could probably ask for some compensation for your pain, suffering and inconvenience and any loss of income you can prove was caused by the accident. This, however, may be difficult to establish. You would need medical testimony as well as about three years of tax returns that would showing a significant difference between the income earned by you in prior years and the comparable decline in that income after your injury.
Answer Applies to: Pennsylvania
Replied: 7/26/2013
    Law Offices of Andrew C. Sigal | Andrew C. Sigal
    Based on the fact situation you have presented, it sounds like you have a viable claim against the hotel. It is important that you contact an attorney like me who practices personal injury litigation. The attorney will review the facts in more detail and make a better determination of the viability of your claim.
    Answer Applies to: California
    Replied: 7/26/2013
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    It sounds like a good case. If the hotel admitted that the floor was defective and you fell as the result of the defect, you have a case. Now what remains to determine its value is the extent of your damages and their insurance coverage. As it is a hotel, they probably have excellent coverage. The three elements of any tort/Personal Injury claim are 1) Liability (are they at fault for negligence), 2) Causation (was that negligence the cause of your harm) and 3) damages (how much did you lose from lost wages, what were the medical bills, what was the financial loss as the result of the negligence). The biggest issue in your case, from the limited amount of information you provided will be how badly you were hurt and the extent of your damages.
    Answer Applies to: Massachusetts
    Replied: 7/26/2013
    Gates' Law, PLLC | Thomas E. Gates
    You have a case to file a claim with the hotel. You have a weak case to sue based upon your minor injuries. You can also take them to small claims, if they refuse to cover your medical bills and lost work time.
    Answer Applies to: Washington
    Replied: 7/26/2013
    Harmonson Law Firm, P.C.
    Harmonson Law Firm, P.C. | Seth Clark Harmonson
    Based on the facts you provided, it appears that there is a case against the hotel and the contractor. Hire a good personal injury lawyer to help with your claim.
    Answer Applies to: Texas
    Replied: 7/26/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Maybe. You might also have a case against the Contractor as well. if the hole was hidden and known to the hotel and they didn't fix it, or guard or warn you against it, you very well may have a case.
    Answer Applies to: Alabama
    Replied: 7/26/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Yes, you have a case. It is no excuse for the hotel to blame their former contractor (for several reasons I won't bother going into). Their property was defective, they knew about it and you were injured because they did not have it corrected, so they are liable. But, they are going to give you the run-around and try to get out of the situation cheap. Get a lawyer.
    Answer Applies to: New York
    Replied: 7/26/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Perhaps, but it appears you damages may not be sufficient to finance a litigation. Make a formal claim to the hotel.
    Answer Applies to: Michigan
    Replied: 7/26/2013
    Kittell Law Firm | Christopher Kittell
    You most definitely can sue the hotel. In Mississippi, you can sue a business for injuries from a slip, trip or fall on a business owner's property if a dangerous condition caused your injury and if either (1) the business negligently created the dangerous condition, (2) knew of the existence of the dangerous condition yet failed to remedy it, or (3) the dangerous condition had existed for a sufficient length of time that the business should have known of its existence. In your case, the hole is the dangerous condition and the knowledge of the business that the contractor had left imperfections constitutes knowledge of the dangerous condition (i.e. no. 2 above). I am not sure in which state you fell but, if it was in Mississippi, you would have a valid basis to file a lawsuit.
    Answer Applies to: Mississippi
    Replied: 7/26/2013
    Padove Law | Burton A. Padove
    I cannot tell whether you have a case or not-the reason is that you mentioned that you were recording. If you were walking and doing a video recording and were not keeping a look out for where you were going, you may be more than 50% at fault and would not be able to obtain a recovery in court. If the fact scenario is different, you may very well have a case against the hotel operator and possibly the contractor.
    Answer Applies to: Indiana
    Replied: 7/26/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    You sure can. Go talk with an attorney who handles personal injury cases.
    Answer Applies to: Florida
    Replied: 7/26/2013
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