slip and fall

#1 02-12-2003, 01:33 PM

What is the name of your state? I live in Wisconsin, but the slip and fall occurred in Georgia.

I have a question...

My mother was visiting in Georgia last weekend. She was taking a shower at her hotel and when she stepped out of the shower, she slipped on the floor matt, fell and broke her foot.

The hotel offered her one night free....

Does she have any recourse with the hotel?

P.S. The floor mat was simply a foot towel on a marble floor very slippery)....

2/18-Now the hotel's insurance company is calling...What do we do????

HomeGuru · #2 02-12-2003, 01:38 PM

[quote]Originally posted by rpb0528
[b]What is the name of your state? I live in Wisconsin, but the slip and fall occurred in Georgia.

I have a question...

My mother was visiting in Georgia last weekend. She was taking a shower at her hotel and when she stepped out of the shower, she slipped on the floor matt, fell and broke her foot.

The hotel offered her one night free....

Does she have any recourse with the hotel?

**A: yes, if the hotel was aware of a hazardous condition and failed to take appropriate action to mitigate the conditon.

#3 02-18-2003, 03:52 PM

Thanks for the response...

Now the hotel's insurance company is calling to talk to my mom, what should she do???

stephenk · #4 02-18-2003, 08:38 PM

who put the towel on the floor?

you can talk with the hotel insurance representative. hear what they have to say. dont agree to give a recorded statement.

#5 02-18-2003, 11:06 PM

It was a 'foot towel' provided by the hotel... Her husband laid the towel on the floor for her (it was hanging over the side of the tub).

She spoke with the insurance company and would not agree to anything. They wanted to send her forms to complete and sign and they also requested permission to get medical records from her doctors.

They also offered to pay any medical bills her insurance would not cover.

stephenk · #6 02-18-2003, 11:15 PM

so what does she want to do?

#7 02-18-2003, 11:22 PM

Well she wants them to pay for all of her medical expenses, not just 'what her insurance won't pay'. Also, her Dr. has to check her next week to determine if she needs surgery... Okay every surgery starts out at what $10K....Well the hotel's insurance company said they are not authorized to pay any medical bills over $5k. Not to mention her time lost at work, the money she paid for out of pocket expenses (ie, hospital co-pay, ambulance, wheelchair).

RPB

Oh, and her trip was ruined.

#8 02-19-2003, 08:41 AM

If the hotel insurance company won't pay anything over $5,000 and there's more money than that involved, it sounds like she needs to take them to court to get the rest of it. If the insurance company can't handle that amount, then the hotel is responsible for the rest.

djohnson · #9 02-19-2003, 09:44 AM

I'm just trying to figure out where the hotel is at complete fault. The hotel supplied it, which it does for every guest. The husband laid it down. The floor was slick with water from her bath and she slipped. I can see the insurance getting involved beause of where it happened but I think you are looking for a lawsuit and that would probably be a different story.

HomeGuru · #10 02-19-2003, 10:14 AM

[quote]Originally posted by cur7is
[b]If the hotel insurance company won't pay anything over $5,000 and there's more money than that involved, it sounds like she needs to take them to court to get the rest of it. If the insurance company can't handle that amount, then the hotel is responsible for the rest.

**A: and can you fill us in on the Georgia state statutes that make the hotel negligent and liable for the total costs above the insurance payout?

#11 02-19-2003, 01:13 PM

Well they may or may not be liable for anything else. Unfortunately, we do not know the Georgia laws. At this point she simply wants to have her medical bills paid (which exceeds 5,000).

Also, if the hotel provided nothing more than a foot towel to cover a marble floor which is already slippery when it's not wet, doesn't that make them liable for not having the proper materials needed to make the room safe?

I am in the travel industry myself and can recall many hotels facing a great deal of lawsuits because they did not have the slip protectors on the floor of the bathtub.

djohnson · #12 02-19-2003, 01:50 PM

I would probably question that BEFORE I got into the bathtub that I willing done knowing it wasn't safe. Maybe call the front desk and ask Before putting myself at risk. Legally you might can do something more about it, but I don't know your state laws. I would just think at some point the obvious would come into play.

HomeGuru · #13 02-19-2003, 02:03 PM

[quote]Originally posted by djohnson
[b]I would probably question that BEFORE I got into the bathtub that I willing done knowing it wasn't safe. Maybe call the front desk and ask Before putting myself at risk. Legally you might can do something more about it, but I don't know your state laws. I would just think at some point the obvious would come into play.

**A: Huh?

HomeGuru · #14 02-19-2003, 02:12 PM

[quote]Originally posted by rpb0528
[b]Well they may or may not be liable for anything else. Unfortunately, we do not know the Georgia laws. At this point she simply wants to have her medical bills paid (which exceeds 5,000).

Also, if the hotel provided nothing more than a foot towel to cover a marble floor which is already slippery when it's not wet, doesn't that make them liable for not having the proper materials needed to make the room safe?

I am in the travel industry myself and can recall many hotels facing a great deal of lawsuits because they did not have the slip protectors on the floor of the bathtub.

**A: you have raised a very good point. In premises liability cases, the plaintiff must prove various issues, one of them being that there was a defect or condition and it was due to that defect and condition that caused or contributed to the accident. And that the property owner/management knew or should have known of the defect and condition and failed to take appropriate and pertinent action to mitigate.
Many hotels do indeed have polished natural stone such as marble or granite, and/or smooth glazed finish ceramic tile in the bathrooms that would indeed cause a slip hazard even when dry. These types of floor tiles are a hazard.

#15 02-19-2003, 04:59 PM

Thanks...Actually my mom's current attorney here in WI contacted a friend of his in ATL and he stated that the insurance company thinks they have an advantage because my mom is in WI where no attorney will know the slip and fall laws of GA. Well, he says he knows them well enough to know that he will take her case and handle this matter....

Thank you so much for all of your help.

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