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Slip and fall at Hampton HotelMy friend and I stayed at the Hampton Inn. While stepping out of the Jacuzzi her feet came out from under her and she landed on her shoulder, neck and head, then the rest of her body followed. She lost her breath and blacked out . She was very embarrassed because she was exposed when she fell, so we help her up into a chair. I went to the front desk to get some help. Then the manager came down to make sure everything was ok. My friend was so embarrassed, she refused the ambulance. We asked for an accident report, incase she needed medical attention later. The manager told us they didn't have accident reports, and we can leave our name/contact at the desk. The next day, I called the complaints dep. and they said the proper procedure wasn't followed. Do we have a case?
Additional information
What caused her to slip and fall was the type of tile and the slant of the tile around the Jacuzzi. The tile around the Jacuzzi was slanted so the water would shed into the drain. The chemicals that they used in the pool made all the tile very slick. I just think it was a bad design. Also there were no "Slippery when Wet" Signs anywhere around the pool area. Attorney answers (4)
Reputation Level 13
Answered over 2 years ago.
Personal Injury Lawyer in Worcester, MA.
Any tort case requires 3 elements. Negligence, causation & damages. If any of those three are missing there is no case. If one is weak, the value of the case is diminished. I do not hear anything about damages other than embarassment and initial pain. Did she break any bones, cause any long term or serious damage? Embarrassment alone will not product settlement and the negligence issue is certainly not strong. Unless there are serious damamges, I think you will have a hard time finding a lawyer willing to take the chance on the liability issue without a large damage component. I don't mean to disuade you. If she is seriously injured certainly call myself or another lawyer.
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Reputation Level 16
Answered over 2 years ago.
Criminal Defense Attorney in Andover, MA.
I agree. There is a certain risk that a person should know about. For instance, wet surfaces are prone to being slippery.
As to the proper procedure matter, that is complete nonsense. You should speak to a Personal Injury attorney, and see if is worthwhile to undertake a claim. 1 person marked this answer as good
Reputation Level 13
Answered over 2 years ago.
Employment / Labor Attorney in Boston, MA.
This is not a workplace injury and there are no legal requirements for an "accident report" to be filed with a hotel. Perhaps they are unwilling to negotiate under their normal procedures and are concerned with whether or not insurance will cover the injuries.
If she is seriously injured, she should consult with an attorney. That said, the hotel might not be liable--it depends on what actually happened. If the hotel didn't cause her to fall, they are not legally at fault. If they did something wrong, however, they may have to pay. Sincerely, Jay M. Wolman ____________________________________ Jay M. Wolman, Esq. D'Angelo & Hashem, LLC 6 Beacon St., Suite 505 Boston, MA 02108 (617) 624-9777 (ph) (617) 624-0999 (fax) Jay.Wolman@lawyeradvocates.com Admitted to practice in MA, NY & DC ____________________________________ The information presented in this response is not intended to form an attorney-client relationship nor is the colloquy protected by an attorney-client privilege or work-product rule. The answer provided is based solely on the minimal facts presented in the inquiry and represents only a preliminary and hypothetical response and analysis. It is not to be considered as legal advice and is for information purposes only. If you wish specific legal advice and recommendations about your particular situation, contact an attorney to schedule a consultation. This is not intended to constitute legal advertising or solicitation, but rather to educate. 
Reputation Level 11
Answered over 2 years ago.
Personal Injury Lawyer in Holden, MA.
You may have a case for damages, if your friend actually followed up with medical treatment and had some type of injury.
If you would like a consultation, please feel free to contact my office directly. 1 person marked this answer as good
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