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I slipped nd fell at a hotel while getting out the shower( no bath mats).. busted my bottom lip pretty badly.? can i sue?

Houston, TX |

saturday march 15th while staying at a hotel.. I slipped and fell while getting out of the shower. I fell face first on their ceramic floors and busted my lip pretty badly. can I hold the hotel responsible for not providing any type of bathmat? or something that goes on the floor?

Attorney Answers 7


  1. To recover money damages from the hotel you would have to be able to present evidence that would persuade a jury that the hotel's negligence caused your injuries. I think it is a close question whether a jury would think the hotel was negligent for not providing a bathmat. There's also a consideration that slipping is a known risk of stepping out of a shower onto a hard tile floor, so the hotel's attorney would likely argue that you are primarily responsible. They'll probably also argue that even if a bathmat wasn't provided, you could have put a bath towel on the floor.

    I think you have a tough case.

    Disclaimer: answers posted by attorney Daragh Carter to questions posted on AVVO are NOT privileged or confidential and will not and should not be construed to create an attorney-client relationship between attorney Daragh Carter and you or anyone else.


  2. Yes you can sue but suing would probably not be worth very much given the limitation of your injury and the degree to which your award will be reduced due to the contributions that you made to the happening of the accident. You knew there were no bath mats. You could have requested one; you could have put a towel down instead. Knowing of the missing mat, you should have been more careful. These are the argument that the insurance company or its attorneys would use against you. Clearly the hotel should have provided a mat and was at fault to a degree. but in this circumstance i think a suit would not be useful.


  3. Certainly you can sue. The question is whether you will be able to recover a judgment against the hotel. Slip and fall cases are always tough to prosecute as there are questions of negligence on the part of the hotel and your contributory negligence. If your lip heals I would suggest you forget about it as the potential recovery would not be worth the expense and effort of filing a lawsuit.


  4. Possibly. But it may not be worth it if your lip heals up well. Consult with an experienced TX personal injury attorney.

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  5. Texas law makes it especially difficult to recover on a premises liability case. You have a difficult fact scenario. Try to find a hungry lawyer. You should not have to pay anything out-of-pocket, or you should try to find another lawyer if that is what is asked of you.

    Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services. See http://zgourides.com for more information.


  6. You do not advise if you sought medical attention. It is your burden of proof to establish the harm caused and your case would be much easier to prosecute and prove if you have medical evidence to document your injury. If you have not sought medical care you should do so at once. You may have some facial disfigurement as well if you have a visible scar from the cut to your lip and you may want to seek the advise of a plastic surgeon about a scar revision. These are the types of damages normally seen in a case like yours. I agree with my fellow lawyers that it is difficult to prove these types of cases in Texas as our pro-business/insurance industry Supreme Court has raised the burden of proof over the past fifteen years. However, the hotel may carry "medical payment" insurance which normally pays for medical bills associated with injuries on the premises regardless of fault. You should contact the hotel to inquire about this first as it may provide a means to get the cost of your medical bills paid without having to file a lawsuit. However the limits on this insurance is normally modest so if you bills are significant you should contact a personal injury lawyer at once.


  7. You can certainly have a local personal injury lawyer investigate. Try a hungry young lawyer.

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