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Slip and fall in hotel bathroom

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Bobdole462

Junior Member
What is the name of your state (only U.S. law)? Florida

I was staying at a beachfront resort this weekend and when I came out of the shower the floor was puddled up from the water from the toilet tank being cracked and leaking and I fell hard on the floor. There was no anti slip mat. I hadn't noticed the floor being wet before because I had my sandals on as we just came from the beach. I could barely move and had an ambulance called and made the trip to the ER. Injuries are a sprained ankle, dislodged fingernail, and lower back pain. When we got back to the hotel a few hours later, half of our room was flooded. We called front desk and all they did was send someone with towels to try to soak it up. They did give me 2 $10 meal vouchers for my trouble. I type for a living so having my finger in a splint is going to make me miss work or not be able to fully perform. I have to sit for long periods of time and it kills my back not to be able to lay down. I'm 31 and have insurance but I'm sure it's not going to cover much. I can't even afford the prescriptions they prescribed me. Do I have a case against the resort? Thanks for any and all help.
 


justalayman

Senior Member
how did the toilet tank get cracked? If was was cracked and leaking when you checked in, then this scenario would already be present in your room:


When we got back to the hotel a few hours later, half of our room was flooded.
so that suggests it was broken during your stay.
 

Bobdole462

Junior Member
I hadn't noticed the tank leaking as we were only in the hotel room to drop off our suitcase and head to the beach. My girlfriend had used the bathroom when we got back and flushed the toilet. I am thinking this is when the leaking started. The maintenance man came in and turned the water to the toilet off when we arrived back around 7 am. Are hotel rooms required to have a no slip pad or bath mat outside of the shower?
 

TheGeekess

Keeper of the Kraken
I hadn't noticed the tank leaking as we were only in the hotel room to drop off our suitcase and head to the beach. My girlfriend had used the bathroom when we got back and flushed the toilet. I am thinking this is when the leaking started. The maintenance man came in and turned the water to the toilet off when we arrived back around 7 am. Are hotel rooms required to have a no slip pad or bath mat outside of the shower?
Not any I've ever been in. :cool:
 

Silverplum

Senior Member
I hadn't noticed the tank leaking as we were only in the hotel room to drop off our suitcase and head to the beach. My girlfriend had used the bathroom when we got back and flushed the toilet. I am thinking this is when the leaking started. The maintenance man came in and turned the water to the toilet off when we arrived back around 7 am. Are hotel rooms required to have a no slip pad or bath mat outside of the shower?
So how did the toilet get cracked and start leaking and then flooding?
 

justalayman

Senior Member
I hadn't noticed the tank leaking as we were only in the hotel room to drop off our suitcase and head to the beach. My girlfriend had used the bathroom when we got back and flushed the toilet. I am thinking this is when the leaking started. The maintenance man came in and turned the water to the toilet off when we arrived back around 7 am. Are hotel rooms required to have a no slip pad or bath mat outside of the shower?
You say you didn't notice the tank leaking but if it was already cracked and leaking the bathroom and if there is no curb to prevent water from leaving the bathroom, the entire room, would have already been flooded. You surely would have walked across a wet floor in the bathroom when you got into the shower. You imply there was no water on the floor when you got into the shower but the crack leaked only after you got into the shower. That suggests, extremely strongly, like in a near certainty, that the toilet was cracked immediately prior to you getting into the shower or while you were in the shower so, and a bit more bluntly; what did you do that caused the toilet to be damaged?
 

adjusterjack

Senior Member
Do I have a case against the resort?
If the hotel owners or management had no knowledge of the leak until you told them or could not have had knowledge of the leak if the crack itself wasn't prominently visible until water on the floor was reported, then there is no negligence on the part of the hotel owners or management and you have no case.
 

Bobdole462

Junior Member
Other than flushing the toilet, we hadn't touched the toilet all day. My girlfriend is 5 foot tall and 110 pounds and I don't think anything she could do could cracked the tank like it was. The newest house we moved into had a toilet that would leak bad when flushed. The only thing I can think it was cracked when we got the room and flushing it caused the leak to become worse. I had saddles on that I wore into the shower to clean the sand off of them.
 

justalayman

Senior Member
I think you are fighting a losing battle bobdole. As adjusterjack states if the hotel did not know of the issue and had no reason to suspect there was an issue, typically they are not going to be found liable for injuries such as yours. If a person ignores an obvious unsafe condition and is injured, again, the property owner is generally not held liable. So whether it leaked after you got into the shower or you ignored the indoor swimming pool, it sounds like the hotel will skate here.



I am curious though; typically beachfront hotels are more expensive than a typical hotel. You say you cannot afford the prescriptions you have been given; maybe it's time to establish priorities in your life and establish a savings account. It is recommended a person hold at least 6 months of typical expenses aside in case something happens where there income is affected. It sounds like you have not an extra dollar anywhere to take care of yourself when something like this happens. It might be time to change that.
 

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