Visitor Question

Injury claim after fall in a motel parking lot?

Submitted By: Anonymous (Longboat Key, Florida)

I tripped over a 2×4 that was left in the parking lot by the people striping the lot. It was used to keep a straight line but was left in the lot and not visible because it appeared to just be part of the white stripe.

The motel comped my room because they understood it was not my fault. It took them a while to even focus in on the 2×4. I initially thought it was a concrete bump of some kind. They mentioned that there was another one that was also left by the people doing the striping.

I have scraps and bruises, limped for a few days, and my Samsung Edge cell phone is malfunctioning now. It does not accept my fingerprint most of the time, and my apps won’t open with the usual touch of the finger. These never occurred before this fall. It flew out of my hand onto the pavement as I went face down onto the pavement.

I have been told that I should seek compensation, but have no idea if I have a valid claim. Any thoughts? Thanks.

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 Anonymous,

Hotel owners, and owners of property which is open to the public have a legal duty to take all reasonable action to protect those persons upon their property from undue harm and injury. The legal description of this duty is referred to as “Premises Liability.”

Based on the facts, it appears obvious by failing to remove a 2′ x 4′ wooden beam from the parking lot the property owner failed in its duty to protect you from undue harm and injury.

Based on the facts, you are entitled to compensation for your medical bills, out-of-pocket expenses (for such items as medications, crutches, bandages, etc.), lost wages, and an additional amount for your pain and suffering. Premises liability also renders the property owner liable for the damage to your cell phone.

Be sure to gather copies of your medical records and bills, receipts for your out-of-pocket expenses, and a letter of verification from your employer confirming the days you lost from work as a result of your injury and its treatment. Submit copies of these documents to the motel’s management, or to their insurance company.

In they event the motel or property owner fails to fairly compensate you, you might consider seeking the advice and counsel of several personal injury attorneys in your  area. Most will not charge you for an initial office consultation.

Learn more here: Injuries in Parking Lots or Garages

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 with your claim.

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