Asked in Personal Injury for Louisiana

Q: If I slipped and fell coming out of a shower at a hotel do I have a personal injury suit? I

I was taking a shower at a hotel, I went to get out got one foot out of the door, slipped and fell backwards. I busted open my head, my elbow and injured my shoulder. I had to be transferred from the hotel to the hospital. The insurance I have didn't cover me being out of state. The hotel said they won't cover it because it's my fault. But I am not the only person who this has happened too. Also this was my first time at the hotel, I wasn't aware that the floor would be that slick and I'm not used to having to put towels or mats down . I have 5 staples in my head and 4 stitches in my elbow, also a concussion. Im missing work and had to pay for my medicine

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2 Lawyer Answers
Clifford Cardone
Clifford Cardone pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • New Orleans, LA
  • Licensed in Louisiana

A: Presuming your accident happened in Louisiana, we only take slip and fall cases where there is surgery and long-term residual problems. This is because Louisiana law makes it very difficult to succeed in winning these cases. The question here is what made the floor so slick that your wet feet slipped out from under you. The answer is going to be found by using an expert who can gauge the friction of the surface that you fell on. The floor should probably have had some antiskid agent associated with it. But the real problem is how much of the fall will be attributed to you in failing to take the necessary precautions when exiting a shower with wet feet. In Louisiana the owner of the property must have some notice of the hazardous condition before the event actually occurs. This would mean some other guest should have reported the slick condition to the property owner at some point in time before you fell. That is the burden that the Louisiana legislature puts on victims of slip and fall cases that occur at retail premises.

Because of the high degree of burden of proof in these situations that is why we Only take cases where surgery is involved. That way there would be much greater exposure of a big judgment against the hotel owner. Hopefully I've answered your question. Good luck in obtaining a satisfactory result.

1 user found this answer helpful

Ellen Cronin Badeaux
Ellen Cronin Badeaux
  • Covington, LA
  • Licensed in Louisiana

A: You need a premises liability lawyer.

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