If you’ve been injured in a hotel slip, trip and fall accident, it is important that you call the Law Offices of David Azizi today. David has been practicing personal injury law for 25 years and is considered the go-to slip and fall attorney by many residents of Los Angeles and Beverly Hills when they need legal help. In fact, David wins 98 percent of his cases and is considered by Expertise.com* to be one of the top 20 personal injury lawyers in all of Los Angeles. David merits that distinction and will help you win your case. Call (800) 991-5292 before the time limit for filing a case passes. We can be reached 24/7, seven days a week.
What Should Be Done After a Hotel Slip, Trip and Fall Accident?
If you require emergency medical care, it is important to be taken to the hospital as quickly as possible. Otherwise, there are steps that should be taken immediately after an accident in order to show that the circumstances that caused the accident resulted in your injury. Since evidence can disappear and the memory of witnesses may fade with time, you should:
- Ask to speak with the owner/manager or person in control of the property, and inform them that you want to file an incident report. Ask for a copy when both you and the manager are finished.
- Ask if the hotel has a medical doctor on call. Many do. If not, request that an ambulance be called if you cannot get to the doctor or ER on your own. If the paramedics transfer you to the hospital, they will file a report. Ask for a copy of this too.
- Whether you are seen by a hotel doctor, in an ER or by your own physician, remember to get a copy of his or her notes. Make sure to tell the doctor that you were in an accident. Describe the incident as straightforward as you can, including what happened to you physically.
- Write down anything that you or others say, or use the recorder/video function of your cell phone.
- Take a picture of the dangerous condition that led to your accident and injury. If possible, take the picture from different vantage points.
- Look to see if anyone saw you fall. Many times a witness will step forward. Ask the person to describe what they saw and write it down for you. It is important that a witness sign and date their statement. Witnesses have no personal, vested interest, and the information they provide will be invaluable in the future.
- Determine if any witnesses saw the dangerous condition before. If they did, ask if the person reported it to management. If so, make sure the response is documented.
- If the accident happened in your room, due to a leak for example, request that the housekeeper be called. Ask if he or she witnessed the leak before. Capture her answer on a cell phone recorder or video, or request that the housekeeper write it down.
- If the accident occurred in a common area of the hotel, on the sidewalk, in the pool area or parking lot, look around for video cameras. Ask for video footage both of the accident and several days leading up to it. Not only will you be able to see the accident happen, but the video will show when the dangerous condition first appeared. While the hotel is not responsible for a spill that happened in the moments leading to your fall, they are responsible if they had a reasonable amount of time to see the condition and remedy it or put up signs warning guests of it.
- Once you are at home, take pictures of any bruises, lacerations or abrasions that resulted from the accident.
- Put the clothes and shoes you wore when the accident happened aside. They might be useful during negotiations or if the case goes to court.
The Standard of Proof in Hotel Accidents
California law requires property owners or those in control of a property such as hotel managers to keep the property safe for guests.The hotel is obligated to protect you from both reasonable and foreseeable harm. This is accomplished through inspection and timely repair/warning of a hazard.
If you have been injured at a hotel, you must prove that:
- The hotel had a duty of care toward you, protecting you from harm
- In allowing you to be injured, the hotel disregarded or breached its duty of care
- This caused injuries that would not have happened otherwise
- The injuries caused you physical harm and/or financial damage
h2>How Long Does It Take to Recover Hotel Slip, Trip and Fall Settlements?
This varies from case to case. Initially, your attorney will work to negotiate an adequate settlement from the hotel insurance company. Usually, the insurance company will offer an amount that is lower than you need to cover expenses due to the accident and wages you have lost by being unable to work. If negotiations are successful, you will be asked to sign a release, saying that you no longer hold the insurer liable for additional damages.
If negotiations are unsuccessful, your case may be heard in court. In this instance, a judge or jury will decide how much your case is worth. Your attorney will present evidence to show that the hotel is at fault. The jury or judge will decide on a just compensation.
Determining the amount of damages differs depending on the case. You can visit David Azizi’s slip and fall calculator to get an idea of what your case is worth. Just fill in the data, and send it to the Law Offices of David Azizi. David will review this when you have your free, no-obligation case review.
Expenses Due to Hotel Accidents
Specific expenses you might incur in a hotel slip, trip and fall accident are:
- Medical Expenses: This includes emergency room cost, hospital expenses if you are admitted, ambulance fees, laboratory and radiologic tests, doctor visits outside the hospital, medical supplies such as a cane or wheelchair and medications. If future medical care is needed, the cost can be remedied.
- Lost Wages: This includes the wages you will lose if you are unable to work. If you are unable to return to your job due to accident injuries, future lost wages will be included.
- Pain and Suffering: This is an intangible entity and varies from person to person. It encompasses both emotional distress and mental anguish as well as chronic physical pain. Common issues are anxiety, depression and sleeplessness.
Common Accidents at Hotels
Slip, trip and fall accidents that commonly occur at hotels and lead to an injury are:
- Spills in common areas such as the lobby, corridors or other high traffic areas
- Water on the floor of a public bathroom
- Leaks in hotel rooms leading to slips and falls
- Leaking pipes in a guest bathroom
- Torn mats at a hotel entrance
- Absence of mats at the hotel entrance, particularly in bad weather
- Worn carpets with tears in guest rooms leading to a trip and fall
- Slippery, smooth areas around a hotel pool or spa
- Unmarked, shallow steps in the pool
Note the hotel includes not just the establishment itself, its common areas and pool/spa/workout room and guest rooms but also the airport shuttle buses and restaurants and conference areas and public restrooms.
Common Injuries in Hotel Accidents
Common injuries include:
- Fractures, particularly of the arm, knee and hip.
- Head and neck injuries, including traumatic brain injury, cervical/neck strain, vertebral herniation, torn ligaments and tendons in the neck area, concussion and subdural hemorrhage or bleeding on the surface of the brain.
- Facial injury, including a broken nose and damaged teeth.
- Shoulder injury can range from a dislocated shoulder to nerve impingement in the brachial plexus, leading to impaired motion in the hand and arm.
- Hip fracture that might require surgery or hip replacement.
- Back injury that can involve the, neck/cervical, midback/thoracic area or low back/lumbar area. Such injuries include disk herniation, pulled or torn tendons or ligaments.
- Knee injury, resulting in a fractured patella or kneecap, torn ligaments and tendons or injury to the menisci on both sides of the knee.
- Hand or wrist injury caused by falling on outstretched hands. Ligament and tendon tears as well as fracture of the hand or wrist can occur. Colles’ fractures are most common when a person falls forward on an outstretched hand. It occurs at the distal end of the radius or the part of the bone closest to the wrist.
- Activation of pain to previously non-symptomatic degenerative conditions.
The Law Offices of David Azizi: Your Go-To Attorney in Slip, Trip and Fall Hotel Accidents
When you or a member of your family is injured in a hotel accident, you need to have the team at The Law Offices of David Azizi at your side. David has practiced personal injury law exclusively for 25 years. He has won the respect of his colleges and the community for his diligence and the empathy he shows clients.
David has been called one of the top 20 personal injury lawyers in Los Angeles by Expertise.com and a top-rated attorney in Beverly Hills by Super Lawyers. He’s won 98 percent of his cases, making sure clients are compensated for damages.
Call David today at (800) 991-5292 24/7, and we can set up a free case review at your convenience. If you are unable to come to our offices, we can come to your home or hospital room. Let us take the burden of worry off you, letting you concentrate on healing.