What is the name of your state (only U.S. law)? AZ / CA
While on a business trip in Anaheim, CA [we live in AZ], my wife fell when coming out of the shower in our hotel room. The bathroom had a "roll-in" shower as I am confined to a wheelchair and I had reserved a handicapped-accessible room. The shower area was separated from the rest of the bathroom by a rather steep / slippery stainless steel plate and a rubber gasket which was intended to keep water from running out of the shower. This rubber gasket had separated from the substrate beneath it, however, being that it was rubber, the separation was not noticeable. The tile floor beyond the stainless steel plate continues to slope towards the floor drain. The whole layout of this handicapped-accessible bathroom is flawed and dangerous, but more so as a result of the defective rubber gasket. I have digital photographs documenting all of this.
As she was leaving the shower on the morning of May 31st, my wife's front foot slid down the wet, steep stainless steel plate after catching the toes of her rear foot beneath the detached rubber gasket. This caused her to fall backwards breaking her medial radius in her right arm [she's right-handed] and resulting in further injury to her elbow, shoulder and hip. We filed a report with the hotel that same morning and explained the problem which caused the injury.
Her cast is off now but my wife just began physical therapy this past Monday, August 11th. We had to cancel a subsequent trade show that we were scheduled to exhibit at in Chicago. We've incurred a lot of costs besides the substantial medical expenses, including the costs associated with my personal care (Kristie is my Caregiver), housekeeping, yard maintenance, effects on our business and more.
The California attorney that we hired to deal with the hotel's insurance company called yesterday after receiving the report from the Urgent Care clinic in Anaheim where my wife went for treatment on the day of her injury. The report stated that my wife said that "I was coming out of the shower at my hotel, slipped on the wet floor and hurt my right wrist area." The attorney stated that, based upon this statement (which is second-hand at best), that there is a 95% chance that we would lose a lawsuit if one was filed. This is because she said that she had slipped on the wet floor and failed to elaborate on the cause, i.e.: the defective rubber gasket.
My questions are:
1] Does this sound plausible?
2] Doesn't the fact that the accident took place on their property render the hotel liable for, at least, 100% of her medical expenses relating to the injury?
3] Whatever the odds of winning/losing a lawsuit are, is the attorney, nevertheless, obligated to abide by our demand that he file a lawsuit should we so desire? He accepted the case on a contingency basis.
While on a business trip in Anaheim, CA [we live in AZ], my wife fell when coming out of the shower in our hotel room. The bathroom had a "roll-in" shower as I am confined to a wheelchair and I had reserved a handicapped-accessible room. The shower area was separated from the rest of the bathroom by a rather steep / slippery stainless steel plate and a rubber gasket which was intended to keep water from running out of the shower. This rubber gasket had separated from the substrate beneath it, however, being that it was rubber, the separation was not noticeable. The tile floor beyond the stainless steel plate continues to slope towards the floor drain. The whole layout of this handicapped-accessible bathroom is flawed and dangerous, but more so as a result of the defective rubber gasket. I have digital photographs documenting all of this.
As she was leaving the shower on the morning of May 31st, my wife's front foot slid down the wet, steep stainless steel plate after catching the toes of her rear foot beneath the detached rubber gasket. This caused her to fall backwards breaking her medial radius in her right arm [she's right-handed] and resulting in further injury to her elbow, shoulder and hip. We filed a report with the hotel that same morning and explained the problem which caused the injury.
Her cast is off now but my wife just began physical therapy this past Monday, August 11th. We had to cancel a subsequent trade show that we were scheduled to exhibit at in Chicago. We've incurred a lot of costs besides the substantial medical expenses, including the costs associated with my personal care (Kristie is my Caregiver), housekeeping, yard maintenance, effects on our business and more.
The California attorney that we hired to deal with the hotel's insurance company called yesterday after receiving the report from the Urgent Care clinic in Anaheim where my wife went for treatment on the day of her injury. The report stated that my wife said that "I was coming out of the shower at my hotel, slipped on the wet floor and hurt my right wrist area." The attorney stated that, based upon this statement (which is second-hand at best), that there is a 95% chance that we would lose a lawsuit if one was filed. This is because she said that she had slipped on the wet floor and failed to elaborate on the cause, i.e.: the defective rubber gasket.
My questions are:
1] Does this sound plausible?
2] Doesn't the fact that the accident took place on their property render the hotel liable for, at least, 100% of her medical expenses relating to the injury?
3] Whatever the odds of winning/losing a lawsuit are, is the attorney, nevertheless, obligated to abide by our demand that he file a lawsuit should we so desire? He accepted the case on a contingency basis.