I was at a hotel over 4th of July. In the middle of the night I went to use the bathroom. While walking away I heard a weird noise. It was the toilet overflowing. I went into action to take care of it. Plunged the toilet and soaked up all the water, which was a lot, it was flooded not only in the bathroom, but the vanity area as well.
I went to go get my own towel and when coming back into the vanity area, I slipped pretty hard. I fell on my hip area. Now, 5 days later, it is very painful and I am having trouble standing and walking. What to do? It gets worse by the day.
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.
Dear Edythe ,
Seek immediate medical attention. Hopefully, at the time of your slip and fall you contacted hotel management to report not only the faulty toilet, but also your injury. If you did not, then contact them immediately.
If you took photos of the toilet and surrounding area, and of any bruising you had, or now have, be sure to print the photos. They will be very helpful in pursuing your injury claim.
Tell hotel management you were injured, and give your version of the events. Ask them to put you in touch with their corporate office so you can file an injury claim.
When you reported your injury to hotel management, it is likely an employee created what is commonly referred to as an “Incident Report.” The report will have within it your name, the date and time you reported the incident, the day the incident occurred, and any comments made by you, or hotel employees.
Unfortunately, unless the hotel voluntary gives you a copy of the Incident Report, you do not have a legal right to view or be given one. (You would have a right to review the original Report if you retain an attorney and file suit against the hotel. At that time your attorney would subpoena the Report pursuant to what is called a Subpoena Duces Tecum.)
It is important to note that with each day’s passing (between the time of your injury and notifying hotel management, as well as seeking medical attention) the hotel may take the position your injury was feigned, or if you are injured, the injury was caused by a separate and intervening event not connected to the hotel.
In the event you are not satisfied with the hotel’s cooperation, and your injury requires medical attention, consider retaining a personal injury attorney to represent you. Most personal injury attorneys do not charge any fees for initial office consultations.
If you find an attorney who will agree to represent you, you will likely not have to pay any legal fees in advance. The attorney will only be entitled to a fee if, and when, he or she settles your claim, or prevails on court.
Learn more here: Liability in Slip and Fall Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
We wish you the best with your claim,
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