Is insurance or the company responsible for injuries sustained on their property? 64 Answers as of July 12, 2013

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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The Law Office of Josh Lamborn, P.C.
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
Whether an insurance company is responsible for an injury that takes place on a piece of property depends on the contract that the owner of the property has with the insurance company. These contracts can have many exclusions and are usually very verbose and complicated. I would assume that if you fell on a piece of property that was owned by a hotel the hotel would have insurance that would cover your injury. However, you should be careful to be sure that the property is actually owned by the hotel and make sure that there are no other potential defendants such as the city, a management company or someone else responsible for maintain the property. You can send a letter to the property owner indicating that you were injured and that you wish to make a claim and asking them to forward the letter to their insurer. You should be contacted by a claims representative shortly thereafter who will eventually either accept or deny liability and possibly make you an offer to settle your claim. Handling your own case is possible, but not advisable. There are too many pitfalls on a personal injury case for you to represent yourself. If you fail to follow a statute or contact the proper party you may fatally jeopardize your case. You should consult with a reputable personal injury attorney.
Answer Applies to: Oregon
Replied: 8/2/2011
The Law Firm of Reed & Mansfield
The Law Firm of Reed & Mansfield | Jonathan C. Reed
There is no automatic liability of a property owner towards someone like you in the case you describe. Sometimes the property owner will have a low limit no-fault med pay policy to pay your medical bills up to a certain amount, say $1,000. However, there is no requirement for this. In order to recover for your injuries you need to make a claim based on the fault of the property owner who can then defend saying the fault was really yours or that it was simply a no-fault accident.
Answer Applies to: Nevada
Replied: 8/1/2011
Rudolph F. X. Migliore, P. C.
Rudolph F. X. Migliore, P. C. | Rudolph F. X. Migliore
I recommend that you contact an attorney immediately to protect your rights and your claim. Insurance companies will be seeking a statement from you but will often try to use that statement to shield themselves or the hotel from liability. Therefore, an experienced attorney would be very effective in addressing this situation.
Answer Applies to: New York
Replied: 7/30/2011
Bulman Law Associates PLLC Injury Law Firm
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
Every case must be treated individually. The more severe your permanent problems are, the more likely you should have an attorney help you try to settle your case.
Answer Applies to: Montana
Replied: 7/30/2011
Harris Personal Injury Lawyer
Harris Personal Injury Lawyer | Ryan D. Harris
As a common carrier, in California, the hotel will have a heightened duty of care to invitees on their premises. This would include you if you were lawfully on the hotel's premises. To answer your question, the hotel is the responsible entity to you under the law; however, most hotels, if not all, have premises liability insurance that would cover any judgment or settlement you obtain for your injuries. So, technically, while the hotel is the defendant in the potential civil case, the insurance company is actually the one making the decisions behind the scenes, and will continue to do so from the claims stage through trial and appeal, until the case is resolved either through verdict or settlement. To recover for your injuries and damages on a trip and fall case, you will need to prove that the hotel's conduct fell below the standard of care and caused a dangerous condition to exist on its premises, which in turn caused your injuries. Trip and fall cases are often difficult to prove, so it will be critical for your case to consult with a seasoned personal injury attorney with experience in handling trip/slip and fall type cases. Again, although the hotel is the entity that is potentially liable to you for your injuries, it is the hotel's liability insurance company that will pay for any settlement or judgment you obtain. This is all technical stuff, and difficult, if not impossible to properly handle on your own. So, again, I would strongly recommend you immediately consult with a personal injury attorney regarding your potential case.
Answer Applies to: California
Replied: 7/29/2011
    Law Offices of Tom Patton
    Law Offices of Tom Patton | Thomas C. Patton
    The hotel is liable for maintaining the sidewalk. Their insurance company should cover their negligence. You should consult an attorney to determine whether you have a viable claim.
    Answer Applies to: Oregon
    Replied: 7/29/2011
    Law Offices of Earl K. Straight
    Law Offices of Earl K. Straight | Earl K. Straight
    They may be liable depending on whether the sidewalk could be considered a dangerous condition which they should have fixed or at least warned you about. You make a claim by putting the hotel on notice. Their insurance company will then take over and an adjustor will deal with your claim. After an investigation, they will make a decision as to liability. Their investigation will include a recorded statement from you. If you plan on handling the claim yourself, be careful. The adjustor is very experienced in these claims and knows how to ask seemingly benign questions that will be used against you later. Its best to have an attorney on your side when dealing with the insurance company.
    Answer Applies to: Texas
    Replied: 7/29/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    It is ultimately the negligent party who is responsible for your injuries, here, the hotel. Most people and businesses have insurance to cover them in case they are sued. Therefore, although you would sue the hotel itself, it is likely going to be the insurance company that defends the claim. This is really not the type of thing a person should pursue on their own. The insurance company would love to have an unrepresented individual to deal with. They would lowball you and convince you that they were giving you more than they should. A lawyer works on a contingent fee basis for this type of claim, meaning that they get a percentage (1/3) of the settlement. This gives the lawyer the incentive to get the most possible for you. Even after the lawyer takes their 1/3, you will still get far more through an attorney than you would ever get without one. The safety for the client is that unless the lawyer is successful, there are no legal fees owed by the client. It is a win win situation for everyone but the insurer.
    Answer Applies to: Massachusetts
    Replied: 7/29/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You really need to hire an attorney. You are likely to mess up if you try to handle this yourself. The insurance company will pay. Yes, the hotel may be liable.
    Answer Applies to: New York
    Replied: 7/29/2011
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    The short answer is that the hotel undoubtedly has liability insurance to cover such an event but you would have to prove fault on the part of the hotel and that the injuries did not come as a result of your own negligence. Also, the hotel may have "med-pay" coverage that would pay medical expenses for such an incident without regard to who was at fault. You need a lawyer experienced in premises liability matters to help you with this.
    Answer Applies to: Georgia
    Replied: 7/29/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Contact and consult with a local plaintiff's accident or personal injury attorney who should explain to you the appropriate course of legal action to take.
    Answer Applies to: Indiana
    Replied: 7/29/2011
    Law Offices of Timothy G. Kearney, LLC
    Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
    The quick answer is that the hotel should have its own liability coverage (or may even be self insured) which you can look to for payment of your claim. However, it may take some time to get the carrier to pay as they have to establish liability, value of the claim, etc. If you have health insurance you may have to access your policy and look to the hotel for reimbursement. You should consult with an experienced attorney in your area.
    Answer Applies to: Connecticut
    Replied: 7/29/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    The hotel is responsible for maintaining the sidewalks. Your claim is against the hotel. The hotel probably has liability insurance to cover the claim. You should contact an attorney to discuss the specifics of your claim.
    Answer Applies to: Oregon
    Replied: 7/29/2011
    A. Daniel Woska & Associates, P.C.
    A. Daniel Woska & Associates, P.C. | Dan Woska
    It is a bit confusing because many different legal concepts are involved in the facts as described, but here is a try. You were injured while an invitee at a hotel which means it was probably foreseeable you would walk the grounds. If the hotel had not put up or erected any type of barricade, rope, sign, string, anything which would possibly indicate that no one should walk where you walked, you have a legal claim against the hotel for negligence. The claim must first be submitted with the details of all costs you have incurred and will likely incur according to your doctors. The surgeries and loss of work and many other things should be included in any claim you present. If (when) the claim is turned down, you should hire a lawyer who specializes in negligence cases but someone you must also check out by talking to friends and family about this lawyer. The lawyer will then file a lawsuit against the hotel owner. Whether there is or is not insurance is not the issue. The issue is who is responsible for your injuries, let the Hotel and their insurer duke it out over who pays you.
    Answer Applies to: Oklahoma
    Replied: 7/29/2011
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    You should have an attorney look at your case. If there was a hazard that was poorly marked, or not marked at all, the property owner would be liable for any damages you sustained. You have two years from the date of the incident to file a lawsuit. That does not preclude you from seeking compensation directly from the property owner prior to filing a lawsuit, but keep the date in mind.
    Answer Applies to: New Jersey
    Replied: 7/29/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    The hotel might be liable, if you can prove that they knew of the hazard, that they had an opportunity to fix it, and they failed to take reasonable steps to correct the condition. If the hotel is covered by insurance, it is the insurance company that covers that liability for the hotel. Some large companies are "self-insured" which means that they handle their own liability claims. Also, there might be a "Medical Payments" provision of their General Comprehensive Liability insurance policy (this is called "Med Pay") which means they will pay your medical bills, even if they are not legally liable or required to do so. But, that coverage is not required. A lawyer can contact their loss management department.
    Answer Applies to: New York
    Replied: 7/29/2011
    Law Offices of Steven R. Kuhn & Associates
    Law Offices of Steven R. Kuhn & Associates | Steven R. Kuhn
    It depends how much of a defect there was. Most times it would have to be at least 1" or more to be considered a dangerous condition. However each case is different. The hotel is liable but may have insurance to cover the damages. Consult with an experienced personal injury attorney. If you have photos of the area where you fell that would be very helpful.
    Answer Applies to: California
    Replied: 7/29/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    The property owner is responsible for any injury caused by an unreasonably hazardous condition on the property. They likely have insurance that will cover the loss, but the responsible party is the hotel itself (assuming you can prove that the condition you described was dangerous and they knew or should have known to fix it). Your own medical insurance should cover your medical expenses, but they will want compensation from the hotel/its insurance company if you recover money from them. Your best course of action is to hire a lawyer. Most will handle cases like this on a contingency fee basis (they only get paid if you get paid), and my experience is that you will recover far more by hiring a lawyer than you would save in trying to do this yourself.
    Answer Applies to: Florida
    Replied: 2/20/2012
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    It appears that you may have a case for personal injury but you should contact a lawyer to discuss the circumstances of your case and the extent of your injuries. If you would like to discuss this matter further.
    Answer Applies to: New York
    Replied: 7/29/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    They can be liable, yes, depending in Florida how long the problem was there and what kind of notice they had. Their insurance carrier may have a "medical payments" policy that would help cover the medical expenses.
    Answer Applies to: Florida
    Replied: 7/29/2011
    Harris Personal Injury Lawyer
    Harris Personal Injury Lawyer | Philip C. Alexander
    The hotel is responsible for its negligence and it will have an insurance policy to cover such acts. Did you make an incident report with the hotel at the time of the fall? Did anybody witness the fall? Determining liability will be based on many different facts. Hotels or any company for that matter do not like trip or slip/falls and always dispute liability. You should immediately discuss your case with a personal injury attorney if you want fair compensation.
    Answer Applies to: California
    Replied: 7/29/2011
    Law Offices of Joseph I. Lipsky, P.A.
    Law Offices of Joseph I. Lipsky, P.A. | Joseph Lipsky
    The answer to your question depends upon exactly where you fell and who owned the sidewalk you were walking upon. Generally speaking, landowners are responsible for making sure that the entrances and exits to their property are reasonably safe. However, depending upon who actually owns/controls the sidewalk, your cause of action may be against someone other than the property, such as a city or county. Given the complexities of such ownership issues and possible sovereign immunity issues, we strongly suggest you contact an experienced personal injury attorney. As we have solely handle cases such the one you describe, we would certainly like to provide you with an no cost/no obligation consultation.
    Answer Applies to: Florida
    Replied: 4/19/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    The company might be liable, but it is not automatically liable. You would have to prove the company was negligent. Ultimately, a jury would have to decide whether the cracked sidewalk and pipe constituted a dangerous condition such that it should have been fixed. You could contact management and advise them you wish to file a claim. You could retain an attorney.
    Answer Applies to: South Carolina
    Replied: 4/18/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    You should have legal counsel review your facts with you. There may well be liability against the hotel. Generally, if they knew about or created the hazard, then they had a duty to repair it or warn against it. Find a lawyer in your area to review your case. Preserve for evidence. You or someone else should photograph the condition of the site. Based on the severity of the injury you describe, I would not recommend handling the matter without an attorney. I hope you make a speedy physical recovery and then stay well.
    Answer Applies to: Alabama
    Replied: 4/15/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You have lots of questions here and all are legit. You never sue an insurance company, as they did nothing wrong. They defend and cover the claim for the property owner. The liability for this incident needs further examination, because there are some big defenses to these kinds of cases in Michigan, namely open and obvious defense. If it was clearly defective, you cannot sue and win. There are exceptions and nuances. Please click on the link to the left to call me and discuss.
    Answer Applies to: Michigan
    Replied: 4/15/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    I believe this would be an open and obvious danger and probably would not allow a recovery.
    Answer Applies to: Alabama
    Replied: 4/15/2011
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Cary J. Wintroub
    Based on your description you do have an action against the property owner which may be the hotel. I would like to see a picture of the area that caused you to fall. Please contact us and we can represent you for your injuries. We will discuss your matter without obligation. We look forward to speaking with you.
    Answer Applies to: Illinois
    Replied: 4/15/2011
    Law Office of Sam Levine, LLC
    Law Office of Sam Levine, LLC | Sam L. Levine
    There's too much detail to your incident to accurately address your questions online.
    Answer Applies to: Georgia
    Replied: 7/12/2013
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    The property owner must keep the property safe from defects. If they do not, they can be held responsible for the defect and the injuries sustained. We would have to examine the defect but yes you can sue.
    Answer Applies to: Pennsylvania
    Replied: 4/14/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    The peson reponsible for maintenance of the property is liable. The insurance company is just a funds source.
    Answer Applies to: California
    Replied: 4/15/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    The hotel should have insurance to pay medical expenses under a med-pay coverage. As to the major part of your claim, you would need to prove that thehotel caused this problem or knew or should have known that there was a defect. They will argue thatyou should have beenwatching where you were walking. So you need to establish that you were watching where you walk butfor some reason did not see the defect. If you cannot settle the claim then you need to sue and a jury will decide who is at fault and how much you claim is worth. You can contact the hotel and their insurance company and try to work out a settlement. But you really should getan attorney, since the insurance company will try to drag the matter out until it is too late to sue or attempt to settle for less than the claim is worth or get ageneral release from you.
    Answer Applies to: Delaware
    Replied: 4/15/2011
    Ron Graham Attorney at Law
    Ron Graham Attorney at Law | Ron Graham
    They may be if they knew about the condition.
    Answer Applies to: Ohio
    Replied: 7/12/2013
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    Hire a good personal injury lawyer. The insurance company will over you peanuts to settle but if you have medical bills and physical therapy then you have a substantial claim.
    Answer Applies to: Tennessee
    Replied: 4/15/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Trip and fall cases are very difficult because they are disfavored in the law. The first threshold to overcome is whether the defect in the sidewalk was trivial or not. The property owners is not liable for trivial defects. If you get past that, then you have the open and obvious defect defense. If it was not trivial yet so obvious you should have seen it, then they can get off the hook for that too. The other issue you have is whether the sidewalk is city-owned or owned by the hotel. If the sidewalk is government owned, you must file a tort claim with the government within six (6) months of the incident. As for the cracked pipe, you have not provided any detail on the pipe itself, or the sidewalk for that matter. With the injuries you have sustained, I strongly urge you to contact an attorney to discuss the details and determine whether you have a viable claim against the hotel and/or city. If you choose to do it on your own, you can write a letter to the risk management of the hotel. They should, at the bare minimum, have their insurance company pay your medical expenses up to their med-pay limit regardless of liability for creating a dangerous condition. In California the statute of limitations for filing a lawsuit for this type of claim is two (2) years from the date of the incident but keep in mind you must file the tort claim within six months if the city was responsible for the sidewalk.
    Answer Applies to: California
    Replied: 4/14/2011
    David B. Sacks, P.A.
    David B. Sacks, P.A. | David Sacks
    The business is responsible for this incident. Please call me to further discuss the matter.
    Answer Applies to: Florida
    Replied: 4/15/2011
    Willens Law Offices
    Willens Law Offices | Matthew Willens
    This is called a "premises liability case" and you may have a valid claim. You must be able to prove that an unreasonably dangerous condition existed and that the land owner knew or should have known about it. Generally, these are difficult claims and I would highly suggest you speak with an experienced and skilled personal injury lawyer.
    Answer Applies to: Illinois
    Replied: 4/14/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    Your claim is against the company who is responsible for the sidewalk; however, they likely have an insurance plan that will protect them from a potential lawsuit.
    Answer Applies to: Nebraska
    Replied: 4/14/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    The hotel might be liable + insurance may cover their liability. I suggest hiring a personal injury lawyer but if you want to handle it yourself, make a claim, in writing, to the hotel + let them get it to their insurer. Also, get photos of the sidewalk, pipe, etc. before things are changed.
    Answer Applies to: Colorado
    Replied: 4/14/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    The hotel, or the property owner upon which the hotel has its building, is responsible for injuries occurring on the property that arise from their negligence. All property owners will normally have insurance coverage for such occurrences. I am surprised that you have not already made a claim to the hotel. They would then pass along the information to the appropriate insurance carrier. If you wish to discuss further please let us know.
    Answer Applies to: Connecticut
    Replied: 4/14/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Joel Ewusiak
    Trip and fall cases can be difficult to litigate. The key issues are whether the hotel was negligent by failing to adequately maintain its premises and whether the sidewalk and cracked pipe were open and obvious conditions. Your claim would be against the hotel directly. The claim would be in the form of a pre-suit demand and/or formal lawsuit. If you are able to prove that the hotel is liable for negligence, then you can recover damages for your past and future medical bills, past and future lost wages, and pain and suffering. You should consult with an attorney. Generally, most lawyers will handle a trip and fall case on a contingent basis. The lawyer will take a percentage of the recovery, plus costs. Keep in mind that all claims, including yours, are subject to a limitation period; that is, the claim must be brought within a certain period of time or is forever barred. In Florida, negligence claims are subject to a four year limitation period.
    Answer Applies to: Florida
    Replied: 2/17/2012
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    Yes, the hotel can be held responsible for your injuries. If they have insurance, it may pay compensation to you for medical expenses, lost wages and pain and suffering. Although not complicated factually, these cases can be difficult. Most lawyers will not take them. You need an attorney experienced and successful in handling these types of cases, also known as "premises liability."
    Answer Applies to: Oregon
    Replied: 4/14/2011
    Wilson & Hajek, LLC
    Wilson & Hajek, LLC | Eddie W. Wilson
    It sounds like a cause of action against the hotel. The hotel usually has insurance to cover claims of this nature. The hotel may owe a special duty to guests and you don't discuss that fact.
    Answer Applies to: Virginia
    Replied: 4/14/2011
    David Hoines Law
    David Hoines Law | David Hoines
    The hotel may be liable for your injury. Call me for more details.
    Answer Applies to: Florida
    Replied: 4/14/2011
    Law Office of Kenneth M. Sissel
    Law Office of Kenneth M. Sissel | Kenneth M. Sissel
    Not an easy question to answer. Premises liability is based upon superior knowledge of the hazard which caused the fall. It sounds like the condition which caused your fall existed for quite a while. Therefore, the hotel may be charged with constructive knowledge at the very least. In other words, if they did not know, they should have known about the condition. The next question would be whether or not you should have seen the hazard before it caused your fall. Whether you exercised reasonable care for your own safety ordinarily is a jury question. The insurance company would not be responsible for payment of medical expenses to any extent greater than its insured, the hotel, would be. Unless there is a MedPay coverage, which he insurer would extend, the question of liability would dictate what the hotel insurer will and won't do.
    Answer Applies to: Georgia
    Replied: 4/14/2011
    The Law Offices of Mark Kotlarsky
    The Law Offices of Mark Kotlarsky | Mark Kotlarsky
    It is a tough case. You need to contact an attorney and explain why you did not see the problem and how you know that the hotel should have known about the problem.
    Answer Applies to: Maryland
    Replied: 4/14/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    You normally would use an attorney. The hotel would be liable and their insurance would pay the money. That is assuming they are at fault. It would require a lot longer consultation to determine if they are at fault.
    Answer Applies to: Alabama
    Replied: 4/14/2011
    Raheen Law Group, P.C.
    Raheen Law Group, P.C. | Wali Raheen
    The hotel may be liable if they were negligent in maintaining that area. Many facts need to be considered to determine if the hotel is liable. That said, if the hotel has insurance for these types of accidents, then their insurance company will take over and handle the case. If the hotel or their insurance company have approached you with an offer or seeking to obtain a release from you, I suggest you speak with an attorney before you make a deal or even begin negotiations.
    Answer Applies to: Virginia
    Replied: 4/14/2011
    Garruto & Calabria, LLC
    Garruto & Calabria, LLC | Andrew F. Garruto
    Sorry to hear about your injuries, especially the ankle fracture. If the hotel has insurance, and the insurance policy contains a medical payment provision, then they have medical insurance available to you [regardless of fault] for your injuries sustained on their property. As for compensation for your losses, that's a different matter. Liability in your situation depends upon a number of factors. I suggest that you contact an attorney in your area who can interview you and see the scene (or pictures of it), in order to evaluate your claims. I wish you a speedy recovery!
    Answer Applies to: New Jersey
    Replied: 4/14/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    You may have a case depending on if this was in NYC and if the hotel had notice of the dangerous condition. If it was present for a long time that's notice. If its outside NYC you need to show the municipality had prior written notice of the defect. I am a former federal and State prosecutor and now handle accident cases so feel free to check out my web site and contact me.
    Answer Applies to: New York
    Replied: 4/14/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You have to prove that the crack was substantial (all walks have some types of cracks) and that the hotel either knew of it or had reason to know of it. if so the hotel is liable and the carrier will pay the freight. See a Personal injury attorney.
    Answer Applies to: North Carolina
    Replied: 4/14/2011
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    The hotel's insurance might cover the claim, if that insurance company believes that it was responsible for the accident. In Utah, to recover for a slip and fall, you have to show that the fall was caused by a dangerous condition. If the dangerous condition is temporary you have to prove it was there long enough for the landowner to become aware of it. These types of cases can be extremely complex and you probably will need an attorney.
    Answer Applies to: Utah
    Replied: 4/14/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    Your personal injury question involving a slip and fall on broken sidewalk is complicated. One of the first bits of information that is needed is the state where you were injured. The laws are different in each state and so the legal analysis depends on the jurisdiction. As a general rule, the property owner needs to be aware of the condition and needs to have some duty to repair or maintain it. The main defense will be that the condition was open and obvious. As to responsibility, more facts are needed as the responsibility probably lies with the owner. Please follow up with more information.
    Answer Applies to: Virginia
    Replied: 4/14/2011
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    The hotel will be liable if there was a dangerous condition on their property (sounds like it was dangerous) which they knew or should have known about with the exercise of reasonable care. The hotel will have insurance, or be "self insured", and if liable, will need to pay all your damages. Please see my legal guide on recoverable damages in Colorado. Essentially, you will be entitled to wage loss, medical expenses, pain and suffering, future medical expenses, permanent impairment damages, and if the hotel was aware of the condition and there were other people injured (and they did nothing about it) you could possibly seek punitive damages. Please call if you would like more information.
    Answer Applies to: Colorado
    Replied: 4/14/2011
    Law Office of Christopher F. Earley
    Law Office of Christopher F. Earley | Christopher Earley
    I would be happy to give you a free consultation if you want to talk this out. Our office handles personal injury cases exclusively.
    Answer Applies to: Massachusetts
    Replied: 4/14/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Yes. You need to hire personal injury attorney.
    Answer Applies to: Florida
    Replied: 4/14/2011
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You may have a case, based upon the information that you have supplied. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
    Answer Applies to: Illinois
    Replied: 4/14/2011
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Sheldon J. Aberman
    In the event that the piece of sidewalk/pipe that caused you to fall is deemed to be a dangerous trip hazard and if the hotel knew or should have known of the dangerous condition that the piece of sidewalk/pipe posed, prior to your fall, you may be able to recover the damages that you sustained in your trip and fall accident. Such damages may include the following: 1) reasonable and necessary medical expenses; 2) pain and suffering; 3) loss of a normal life; 4) disfigurement; and 5) wage loss. In order to file such a claim, you should consult with an attorney who can file the claim on your behalf and help you recover the compensation that you deserve.
    Answer Applies to: Illinois
    Replied: 4/13/2011
    Mukerjee Law Group
    Mukerjee Law Group | Sisy A. Mukerjee
    Of course you can file a claim, it's called a personal injury claim. Consult a personal injury attorney, who will set up the claim, and make sure you recover the most for your injuries.
    Answer Applies to: Florida
    Replied: 4/14/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    1. Get a lawyer to assist you with this. It's easier than trying to manage a claim yourself.
    2. The hotel's insurance company will handle your claim.
    Answer Applies to: Massachusetts
    Replied: 4/14/2011
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