Fractured Foot on Hotel Steps...

by Tara
(Roseville, MI)

At 5:30am I was walking out of my hotel to go to a local store. I got dressed and I walked out the hotel door. When I stepped down, I forgot how steep the step was to get to my car in the parking lot. My foot twisted outward and it popped.

I couldn't walk on my right foot so I went to MI regional hospital and had x-rays done. They determined I'd broken my cuboid bone so the doctor put splinter. After I came back home to my hometown I had to see orthopedist. I'm now in a cast and have to take off work for few weeks with no pay. I was wondering if I have a case? Thanks for any info you can give.

Visitor Question:
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ANSWER for "Fractured Foot on Hotel Steps...":

Tara (Roseville, MI):

You may have a case against the hotel but to prevail you will have a long legal road ahead of you.

Contact the Hotel. If the hotel was one of a major chain contact the hotel’s national headquarters as well. Do so in writing and send the letter Certified Return Receipt Requested.

In your letter explain exactly what happened. Make sure you clearly explain to them how you were injured. Make it clear the reason you were injured was as a result of how steep the distance was between the hotel door and the ground, and not as a result of your negligence.

At 5:30 in the morning it is doubtful you ingested any other substance which might have impaired your judgment. If you wear contacts or glasses make it clear you were wearing them when you fell.

It is best not to threaten them with a lawsuit at this stage. Taking the professional and friendly route may yield positive results without having to go on to the next step.

Ask them to reimburse you for the doctor’s bills, any of your out of pocket expenses, your lost wages, and an additional amount for the pain and suffering you endured.

Normally, multiplying your medical bills by three is the best way to calculate the proper amount of compensation you should ask for when referring to your pain and suffering.

They may cooperate and agree to help, or they may politely decline. If they decline your only viable alternative would be to file a lawsuit.

Michigan law permits a plaintiff in a lawsuit to file her case either in the state in which the injury occurred, the state in which the hotel was incorporated, or in any state in which the hotel chain does business.

You will have to weigh and balance the issues before deciding to file a lawsuit. Although you can file your lawsuit without the representation of a qualified personal injury attorney, in your case it might be to your advantage to retain one.

Most personal injury attorneys do not charge a fee for an initial office consultation. Visiting with one will afford you a clear picture of the issues in your case, including, but not limited to: the time and energy to be expended, the probability of prevailing, and a general range of the amount of compensation you might receive if you prevail.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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Comments for Fractured Foot on Hotel Steps...

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Personal Injury From Fall Down on Hotel Steps
by: Anthony Castelli

The law in your state where the injury occurred normally governs. So I am not sure if you have a case or not.

You normally have to prove some kind of fault on the part of the owner or controller of a commercial building to recover for your personal injury. Possibly a variation in steps could be a building code violation which may be some evidence of negligence.

In Ohio the open and obvious rule tells us that if the hazard was open and obvious then there is no duty to you to take care of it, you have to avoid it. This is a harsh and legally misguided rule. But we have to live with it here in Ohio. YOUR STATE MAY BE TOTALLY DIFFERENT.

Personal injury lawyers normally provide free consultations. Find an experienced one in your area and go see them without delay. You may very well have a case, but I sure can not say one way or the other.

'Anthony Castelli
www.castellilaw.com

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TYPE OF ACCIDENT
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PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
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