Slip and Fall at a Hotel
A hotel owner or landlord could be liable for any injuries that occur on their grounds. In a slip and fall case, where a foreign substance is on the floor of a hotel and the guest falls and is injured, the presumption is that the owner did not maintain the premise in a reasonably safe condition. The margarita could have spilled in plain sight which everyone could clearly see, but that does not put the burden of the fall on the guest or visitor to that hotel. The owner still has a duty to maintain the property in a reasonably safe condition and Florida law allows the injured person to make a claim even if the hotel owner says the fall is partially the guest or visitor’s fault.
Unfortunately, hotels are a very common place for Jacksonville slip and fall accidents. Florida hotels usually have a lot of activity around the pool area and walkways can be wet and slippery. Food and drinks can spill and children run around and may slip and fall. Tile may not have enough texture to prevent dangerous falls. Oily sunscreens may cover a walkway causing a fall.
Did the hotel warn of any dangers? If the floor had just been washed and there were yellow cones, yet you went through them and slipped anyway, you might not have a claim. If you tripped on a bed frame that may reasonably surrounded the bed, was the frame sticking into the room in an unusual way?
To determine if you have a Florida personal injury claim there are a number of variables to consider:
How serious are your injuries? Was the property in a reasonable condition? Did you contribute to your injury in any way? Did you seek medical help? That last question is very important in that you cannot reasonably claim injury if you did not seek medical help.
What else you can do:
- Get contact information for any witnesses including telephone numbers and addresses. Include any employees who may have seen you fall.
- Absolutely report the incident to the manager on duty.
- Try and figure out what made you fall, take a picture of it, even if it is with your cell phone.
- Try and determine what happened, i.e. did a drink spill? Did someone drop a bottle of suntan lotion? If a refrigeration unit broke and water had been leaking for some time, you may be able to point out that management had adequate time to clean up the mess which would have prevented your fall.
Try to obtain a copy of the incident report prepared by the manager and if you are injured, seek medical care. You cannot file a personal injury lawsuit without an injury and Florida juries may be reluctant to award damages to a slip and fall victim.
Farah & Farah’s premises liability attorneys in Jacksonville understand whether a case is worth pursuing and would be happy to offer you a complimentary consultation to discuss your premises injury. You may be able to recover the cost of your medical bills, any pain and suffering as well as lost wages.