Is insurance or the company responsible for injuries sustained on their property and why? 10 Answers as of August 26, 2015

I was walking outside on the grounds of the hotel and there was a piece of the sidewalk and pipe that was cracked. I tripped on it and injured my knee, ankles and arms. I had to have medical attention to both areas and have permanent scarring and am going through physical therapy because of my ankle break. Can I get compensation from the hotel or will insurance take care of it? Are they liable for this incident? If so, how do I file my claim?

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Adler Law Group, LLC
Adler Law Group, LLC | Lawrence Adler
To properly pursue the claim you should get legal counsel. The hotel is responsible if you can show the defect was their and for a sufficient period of time that they should have known about it and fixed it. Also your fault in now avoiding it will be balanced. The payment will be for medical bills, wages, paid and suffering and more.
Answer Applies to: Connecticut
Replied: 8/26/2015
Law Ofices of Edwin K. Niles | 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. The above is my generic response to slip and fall inquiries; trip and fall cases are similar.
Answer Applies to: California
Replied: 8/25/2015
Barry Rabovsky & Associates
Barry Rabovsky & Associates | Barry Rabovsky
You may be able to make a case against the hotel. It would be important to review pictures of where you fell to see the defective condition that made you trip. Your medical treatment from the accident would also be important in your case. Thank you for your email.
Answer Applies to: Illinois
Replied: 8/25/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
It will depend on whether the sidewalk and pipe were an open and obvious hazard as to whether there will be liability. If the hotel has insurance that has a medical payments provision, it may pay for the medical bills only. Good luck.
Answer Applies to: Alabama
Replied: 8/25/2015
Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
You have to show they were negligent, you may file a claim with either one.
Answer Applies to: Utah
Replied: 8/25/2015
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    Unfortunately, while there's likely insurance applicable, the insurance company won't ?take care of it. Their job is to maximize profits for shareholders, which means to pay you as little as possible, or nothing. Even if they offer you something, you can bet it won't be fair. You need a lawyer, or the insurance company will take care of itself and its shareholders.
    Answer Applies to: Michigan
    Replied: 8/25/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    You, as the plaintiff or claimant, must prove that the hotel breached some responsibility owed to you which was a direct cause of your injury. Some insurance policies provide some medical coverage, regardless of whether or not the property owner is at fault, if you get hurt on the property.
    Answer Applies to: Michigan
    Replied: 8/25/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    1. Usually I suggest consulting a p.i. lawyer in your area, but the damages may not be high enough to attract a lawyer who works on contingency. 2. The liability of the hotel's insurer is a function of the hotel's liability. In other words, they must pay when the hotel is liable, but of course they need not pay is the hotel is not liable. 3. The usual way to proceeds is to gather up the papers which show your damages (e.g. medical bills, lost wages) and send the hotel a demand letter with the proof of loss. They will refer it to their insurer. 4. Despite my first paragraph, you might benefit from consulting a lawyer, since lawyers can discuss with you matters which might turn out to be additional items of damages, with which a lay person might not be conversant.
    Answer Applies to: Wisconsin
    Replied: 8/25/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Need more details, there may be liability or reimbursements fro a number of sources.
    Answer Applies to: Michigan
    Replied: 8/25/2015
    Gates' Law, PLLC | Thomas E. Gates
    You should retain a personal injury attorney. You would file a claim with the hotel, who will give it to their insurance company.
    Answer Applies to: Washington
    Replied: 8/25/2015
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