I slipped in the shower at a motel. I fell onto the ceramic tile soap dish which broke off. I have a large deep laceration of my hip and also fractured my clavicle. I was hospitalized for 3 days for my injuries. The pain from my hip wound was excruciating. I now have to have a visiting nurse for packing and caring for the wound.
What is a reasonable and fair amount to ask for pain and suffering in a situation like this? Is there anything I should be doing to secure my case? 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.
Before you move on to a calculation of pain and suffering, you will have to establish the hotel was negligent. From the facts you present, there does not appear to be any negligence.
People slip in showers all the time. This occurs at home, at friends’ homes, and at hotels. In most cases, people slip and fall because the base of the tub becomes slippery due to soap buildup.
If you can prove the tub wasn’t cleaned sufficiently, permitting soap to build up, you may have a viable claim. Another avenue toward proving negligence is proving the base of the tub, in and of itself was defective. That defect may be in the design and/or manufacturing of the tub, perhaps there was insufficient tread, making the bottom slippery.
Hotels have a legal duty of care to do everything reasonably possible to make the premises safe for its guests. This includes making sure the tubs are suitable for guests and that the tubs are properly maintained.
Manufacturers also have a legal duty of care to do everything reasonably possible to assure their products are safe. If you can prove the tub was defective in its design or manufacturing, you may have an additional personal injury case against the manufacturer.
Your injuries were quite serious. It would be unwise to try to handle this case on your own. You just don’t have the legal resources to pursue a case against the large corporations who own the hotel and manufacturing plant.
Retain an experienced personal injury attorney. Most injury attorneys do not charge for initial office consultations. Moreover, you won’t have to pay any legal fees or costs of the case until, and unless, your attorney succeeds in settling the case or winning it at trial.
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,
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