Torn ACL from Slip and Fall...
(Overland Park, KS)
I slipped and fell while at a pavilion at a resort. They were putting on a Karaoke Show, where people were drinking (they could either bring their own or buy drinks at the store at the pavilion).
There were employees present and I was unsure if they were on the clock or not. They were letting people go into the pool after hours.
I slipped and fell on some unknown liquid, tearing my ACL. I got up and my clothes were wet. There was liquid spilled all over the smooth concrete finished floor, and there was never any clean up attempt or anything.
I'm wondering how I can prove negligence in this situation? I'd like to get compensation for my knee injury. Thanks.
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ANSWER for "Torn ACL from Slip and Fall...":
Jera (Overland Park, KS):
In a case of this seriousness we think it would be unwise for you to attempt to prove negligence on your own. These types of cases can be difficult, especially because resorts are hesitant to admit to any liability for injuries sustained by their guests.
In their opinion, once they do admit liability they believe they open the "floodgates” to other people who feel they have been injured on their premises.
From the facts you present you appear to have a strong case for damages against the resort owners. Whether the pool was closed or not the resort has a duty to protect its guests from injuries. There is no reason a guest should have to worry about being injured on a resort’s premises and not being compensated when the injury occurs.
Once a guest becomes injured on the premises of another person or entity the burden of proof shifts from the victim (Plaintiff) to the at-fault party (the Defendant).
Drinking any alcohol alone will not hurt your chances. We say that because the resort owners serve the alcohol, and therefore can't use a guest's drinking as a defense to their negligence in not keeping the premises free from any liquids or other substances which might cause a guest to fall and injure themselves.
However if you were intoxicated that might be a problem, but the resort’s attorneys would have to prove your intoxication at the time you sustained your injury. Unless you were taken to the hospital immediately after the fall AND blood was taken, AND the blood results are still in existence and show you were intoxicated, you shouldn't have anything to be concerned with.
We suggest you seek advice and counsel from a skilled Personal Injury attorney. Most do not charge for an initial office consultation. They can advise you more accurately of your legal rights.
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,
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