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Hotel Pool Slip and Arm Fracture

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Natsha

Guest
What is the name of your state?NV
i was a guest at a hotel in Vegas and slipped by the pool and fractured my arm in a few places. Just prior to falling I was walking and pushed someone in the pool and while stepping backwards I fell between the lounge chairs. The hotel gave me a hard time and weren't very helpful during this ordeal claiming horseplay by the pool. Others were falling that same day by the pool and prior days, I too had slipped earlier in the day walking out to the pool. The pavement looked as if it were coated various times over with a high gloss paint probably to deflect the heat. The hotel claimed the area was closed for resurfacing, although there were no signs posted and other guests were out by the pool at this time. I had lost 6 weeks from work, have high medical bills, including a crooked weak wrist when all was said and done.
What are my chances of compensation from the hotel? :eek:
 


H

HomeGuru

Senior Member
Natsha said:
What is the name of your state?NV
i was a guest at a hotel in Vegas and slipped by the pool and fractured my arm in a few places. Just prior to falling I was walking and pushed someone in the pool and while stepping backwards I fell between the lounge chairs. The hotel gave me a hard time and weren't very helpful during this ordeal claiming horseplay by the pool. Others were falling that same day by the pool and prior days, I too had slipped earlier in the day walking out to the pool. The pavement looked as if it were coated various times over with a high gloss paint probably to deflect the heat. The hotel claimed the area was closed for resurfacing, although there were no signs posted and other guests were out by the pool at this time. I had lost 6 weeks from work, have high medical bills, including a crooked weak wrist when all was said and done.
What are my chances of compensation from the hotel? :eek:
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**A: please post the exact notice word for word on the signage posted at the pool.
 
N

Natsha

Guest
The only sign was one typically posted on the wall at any public pool about pool safety and slippery when wet. I don't remember the exact wording. No indication or yellow tape regarding resurfacing or pool closure.
 
D

DrewfromCA

Member
Well, I am no lawyer, but you have likely a weak/nonexistent case. First, you probably enter the pool area at your own risk, and the fact that you were horsing around gives you a huge uphill battle to get anything. Somewhere, as the Guru mentioned, there is going to be a disclaimer that says you enter the pool area at your own risk...(I am pretty sure most hotels with pools have this, but I bet Guru knows definitively)

Was there a sign there?
 
N

Natsha

Guest
A general sign on the wall area about pool rules and safety
 
J

John/nyc

Member
Natsha said:
What is the name of your state?NV
i was a guest at a hotel in Vegas and slipped by the pool and fractured my arm in a few places. Just prior to falling I was walking and pushed someone in the pool and while stepping backwards I fell between the lounge chairs. The hotel gave me a hard time and weren't very helpful during this ordeal claiming horseplay by the pool. Others were falling that same day by the pool and prior days, I too had slipped earlier in the day walking out to the pool. The pavement looked as if it were coated various times over with a high gloss paint probably to deflect the heat. The hotel claimed the area was closed for resurfacing, although there were no signs posted and other guests were out by the pool at this time. I had lost 6 weeks from work, have high medical bills, including a crooked weak wrist when all was said and done.
What are my chances of compensation from the hotel? :eek:
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If there were prior incidents of slips and falls at this hotel pool and the hotel had knowlege of these incidents, and; the cause of these prior slips as, well as your slip, could have been corrected and was not, then you might have a case.

Merely because an establisment puts up a sign that says they are not liable does not absolve them of liability.

See your lawyer. If you are from a different State than Nevada, your lawyer, if he thinks you have a cause of action, can bring your case to federal court in your state.
 
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J

John/nyc

Member
stephenk said:
It is not a federal court issue. if you file any lawsuit it would be in Clark County, Nevada.
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If the Complaintant lives in a different state than the Defendant the case can be Federal based on Diversity of Citizenship. There might be an arguement over which federal venue but natural person Complaintant vs. Corporate person Defendant has a good chance of being decided for venue in the state of the natural person.

John
 
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V

VR_Hunter

Member
The only sign was one typically posted on the wall at any public pool about pool safety and slippery when wet. I don't remember the exact wording. No indication or yellow tape regarding resurfacing or pool closure.
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**Lets see....there was a sign that said "slippery when wet".

I was walking and pushed someone in the pool and while stepping backwards I fell between the lounge chairs.
Click to expand...
**You caused the accident yourself through your own negligence.

I too had slipped earlier in the day walking out to the pool
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**You knew from prior experience that the area was slippery.

there were no signs posted and other guests were out by the pool at this time.
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**Obviously there were signs posted, you stated so in a later post. There were other people out at the pool so no matter what it is okay for you to be there.

Money grubbers. :mad:
 
D

divgradcurl

Senior Member
If the Complaintant lives in a different state than the Defendant the case can be Federal based on Diversity of Citizenship. There might be an arguement over which federal venue but natural person Complaintant vs. Corporate person Defendant has a good chance of being decided for venue in the state of the natural person.
Click to expand...
Did you forget about "amount in controversy?" Is a broken arm worth more than $75,000?
 
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Natsha

Guest
The prior day someone had fallen and broken their leg and a worker(didn't get his name) indicated for me to complain as people were falling all the time by their pool. Is there something called a Stress Friction test for surfaces? The hotel might have replaced there surface already. I just want compensation for the 6 weeks of work and the medical bills.
 
V

VR_Hunter

Member
Natsha said:
The prior day someone had fallen and broken their leg and a worker(didn't get his name) indicated for me to complain as people were falling all the time by their pool. Is there something called a Stress Friction test for surfaces? The hotel might have replaced there surface already. I just want compensation for the 6 weeks of work and the medical bills.
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**You want compensation because you were horse playing in a known and posted "slippery when wet" area? You caused your injury when you pushed a person into the pool, as a result, you then stepped back/slipped into the lounge chairs and fell? You would be better off suing for misplacement of lounge chairs or for having a pool in your area of play or for building a hotel where you planned on staying. All of those examples were ridiculous. No more so than you trying to get money for your own misjudgment.
 
H

HomeGuru

Senior Member
John/nyc said:
If the Complaintant lives in a different state than the Defendant the case can be Federal based on Diversity of Citizenship. There might be an arguement over which federal venue but natural person Complaintant vs. Corporate person Defendant has a good chance of being decided for venue in the state of the natural person.

John
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**A: John, what type of legal background do you have? You responses are a riot.
And what kind of Plaintiff individual or entity is a Complaintant?
 
Y

You Are Guilty

Senior Member
Not that my opinion on this differs from that already given, but you should also be aware that at any of the strip's hotels, the pool area (like every other public area) is under constant video surveillance. That means they will have video evidence that you acted like a jackass, which, in turn, makes playing the innocent victim at trial much more difficult.
 
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