Should I sue?

Question

I was walking inside from my hotel's pool when I slipped in some water and fell. I know, I should expect water to be around the pool, but the ground around the pool is a smooth surface. Aren't they usually textured for traction to prevent slipping? Or, if they want to have a smooth surface, shouldn't there be someone mopping up any potentially hazardous puddles? I know I'm not just clumsy because as we were waiting for the ambulance, another girl slipped and fell in the exact spot that I did. The hotel was nice enough to call the ambulance for me, but failed to offer to pay for any hospital bills. I ended up spraining my left ankle and left wrist. I'm left-handed and work in an operating room, therefore I'm pretty useless at work. I tried going in today but left early due to my injuries. Should I try to take legal action?

Answer 1

First thing, talk to your insurance company. They should have some sort of advocate that will contact the hotel on your behalf. And your insurance company would much rather the hotel insurance pay your expenses than doing it themselves.
If you are not insured, contact the hotel manager and ask for a brief meeting. Say to him that you would like to handle this privately, (which means you retain the option of taking more drastic action if need be.)
Get copies of all the medical bills and notate how many days of work you have had to miss, and therefore the amount of pay you have missed. (Be prepared to provide a letter from your doctor saying how long you are likely to be off and a copy of a pay stub showing your salary.) Ask for reimbursement for your out of pocket expenses and missed pay. If they agree to do so, they will ask you to sign a release saying you will not sue them in the future. That's reasonable. (Just have a good idea from your doctor whether he or she anticipates ongoing problems as a result of this injury. Once you sign the release, they have no additional respondsibilty.)
Working with you in this manner will save them the cost of a lawsuit. If they are not forthcoming, then you have the options of seeking arbitration or a lawsuit.
It would be helpful if you had photos of the area where you fell that might show the cause of the slippery area, plus notorized statements from anyone who witnessed the accident. (While a little more difficult to get, a statement from the hotel employee who helped you and the ambulance driver who picked you up would be valuable as well.)
If you do have to sue, having all this material ready for the attorney will mean less cost to you for evidence gathering.
Keep copies of everything.
Everytime you talk to anyone, insurance people, hotel people, ANYBODY, write down the date, the name of the person to whom you spoke and what was said during the conversation. Get a notebook for just this purpose now.
These notes will be invaluable to you until you get a final resolution.
It may take a while, the insurance and hotel people will stall you hoping you will give up. It will take energy and persistance, but follow through. You are your own best advocate.

Answer 2

Yes, contact an injury lawyer now. The Hotel, especially if a chain will likely settle without gouing to court if they can. This type of case has been tried before and the precidents are very clear. The only defence available to the Hotel is the defence of due diligence and not having nonslip surfaces around the pool is not excercising due diligence, it is also below industry standards.

I am assuming that you would have been happy with medical expenses, now if it goes to court it will cost them legal fees, the Judgement awarded to you, likely a punitive judgement, and the order to comply with safety standards. Even if they choose to fight it and win they will still be facing hard costs in going to court.

Answer 3

Sue the hotel for negligence in establishing safety measures around the pool. Be able to show evidence of medical expenses and proof to claim damages.

Answer 4

sue for neglegance to ensure poolside safety. show the judge medical bills and proof that you did fall