Slip and Fall in the Shower at a Spa...

by Samantha
(Carlsbad, CA)

I slipped and fell on a foreign substance while entering a shower at a spa. I have used the facilities on approximately 25 occasions prior to the fall and on each of those occasions the shower had been slippery, filthy and dirty.

I had slipped on some of those previous occasions. In the recent accident I did not look at the floor and stepped into the shower and fell. Do I have a chance in winning a personal injury case? What would I need to do to file a claim? Thank you.

Visitor Question:
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ANSWER for "Slip and Fall in the Shower at a Spa...":

Samantha (Carlsbad, CA):

To form any basis of a personal injury claim you must have at least two supporting factors. Unfortunately you don't appear to have either one.

The first is clearly compensable injuries. That is a fancy term for the requirement of medical or chiropractic treatment and that treatment's resultant costs. Without credible, verifiable medical injuries and medical or chiropractic bills incurred while treating, you don't have much of a claim.

The second factor might be your assumption of the risk. The facts you present indicate you used the facilities on approximately "25" previous occasions, and on each occasion the shower had been slippery, filthy, and dirty. As a result one would have to wonder practically and legally why you would continue to frequent a place which was clearly dirty and dangerous. You knew of the danger and yet insisted on returning to it time after time, after time.

Under the facts you present it appears you really don't have a personal injury claim.

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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