Visitor Question

How to calculate compensation after slip and fall in a hotel shower?

Submitted By: William (Bend, Oregon)

My wife commented the night we arrived at a hotel how clean and shiny the bathroom was. It looked as if the shower/tub had been recently refinished as it had an extremely shiny surface.

There was a rubber mat leaning in the corner of the raised shelf in the bathtub. There were no signs indicating that the tub was slick or to use the mat.

The next morning I went into the shower. I used the soap provided by the hotel. As I was showering I lost my footing on my right foot. I tried to catch myself with my left foot and started to fall.

I fell backward to the right and grabbed the shower curtain. I tore down the shower curtain and fell back into the top of the toilet, hitting my back and ribs on my right back side. I bounced off the toilet to the floor. I lost my breath and laid there for 3-4 minutes catching my breath. Once I caught my breath my wife helped me to stand. I dried off, dressed and went to the front desk and filed an incident report. I have not received a copy of it yet.

This happened on November 17th. I went to the doctor on Saturday, November 19th. I was in pain the whole time on the 17th and 18th. Finally the morning of the 19th I went to the doctor and I have been in pain ever since that day. The doctor concluded that I had suffered contusions and bruised ribs.

I spent 2 days in bed unable to visit family, which was the reason we were there. I also was unable to do any of my daily physical exercises (still to this day) and slept very little due to the pain. Riding in the car on the long trip was also painful. I also had a cold at the time and coughing and sneezing were extremely painful.

Are the above instances of pain and suffering eligible for my claim? How do I calculate for the pain and suffering per day? It has been 13 days. Am I due the gas it took to travel to get to my family and then back home…1278 miles? Can I get reimbursed for my hotel rooms, medical expenses, and prescriptions? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear William,

When it comes to the safety of their guests, hotel owners are subject to a high degree of care.

Hotel owners are required to undertake all actions within reason to assure their property is safe for guests and others legally upon the premises.

This duty of care extends from guest rooms, including bathrooms and bath tubs, to hotel parking lots, hotel owned or managed garages, hotel owned or managed shuttle buses, common areas, meeting rooms, pools, fitness centers, restaurants, and more.

The law requires hotel owners and management to take all possible precautions against “foreseeable harm” to guests or other visitors legally upon the premises. This means hotel owners or management must know, or should know there exists a danger to guests and others legally upon the property. With that knowledge, hotel owners and management are under a legal duty to prevent or correct the dangerous condition.

When a hotel owner or management fails in their duty to keep the premises safe for guests and others legally upon the property, the hotel owner becomes liable for any injuries and associated costs incurred by them. The costs can include medical bills, out of pocket expenses, lost wages, and pain and suffering.

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

Best of luck,

Published: November 29, 2016

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