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I slipped and fell on a wet bathroom floor while staying at Motel 6

Orange, CA |

Water came from above. The fan in bathroom ceiling had water dripping from it. The ceiling above sink and vanity area was discolored and moist. Carpet was wet cause floor in bathroom had got so wet. Previous water damage. Have lower back pain and muscle spasms.

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Attorney answers 7

Posted

I'm sorry to hear about your fall. But, what, exactly, is your question?

Posted

Take photographs of the evidence of prior water intrusion in that you will need to show that the Motel knew or should have known about the condition prior to your accident. Seek prompt medical treatment. Consult with a personal injury attorney.

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.

Posted

See a doctor if necessary, and retain a local personal injury lawyer to investigate if you feel this is serious enough to pursue.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Posted

This is not your golden goose unless you are seriously injured. if you have a serous injury I would expect you to be heading to the emergency room in an ambulance. Take pictures, see a doctor, see an attorney only if this gets worse rather than better. A lot of people slip and fall and are fine in a few days. Some aren't. Some have broken bones or worse, a concussion.

A slip in fall case is not a popular case for an attorney to take unless the injury is pretty serious so the work to do the case leads to a recovery big enough to make it worth while. These cases frankly are a pain to do. It's not like a car accident where it is obvious who is at fault. You have serious of hurdles you have to overcome and they may not be easy. You have to show that there was danger that the hotel know about and should have fixed or warned you about prior to your fall. (take those pictures of the prior damp condition - invite a friend over to be your "witness"). You have to show that you did what you could to avoid being injured once you noticed the floor was wet. For example if you noticed the wet floor and still decided to walk on it, particularly if you were wearing slippery bottomed shoes, you can't blame the hotel. You had a duty to avoid the wet floor and avoid slipping once you were aware if it. The list goes on. In these cases they hire experts to study the flooiing material, the shoes you were wearing, and calculate the friction coefficient - that probability you would slip sort of speak. In a bathroom the hotel may have duty to install floors that are safer for guests when the get wet - I don't know, it sort of depends on local case law and building codes. Take some good pics of the floor. Try to show what the material is. So my advice is if you feel fine tomorrow, and don't have any more symptoms in the following days you can still talk to an attorney but don't be surprised if they don't get all excited about your case.

The comments by this author to questions posted on Avvo are designed to foster a general understanding of what might be the law governing the area of the legal problem stated and suggest what might be the approach to finding a legal solution. Under no circumstances is this author acting as the attorney for the party who posted the question or as the attorney for subsequent readers to the question or response and no attorney client relationship is being formed. This attorney's comments are not intended to be a substitute for getting legal advice from a licensed attorney. A reader of this author's comments should never act on the information provided in these comments as though these comments were legal advice and should always seek legal advice in a personal consultation with an attorney in their jurisdiction before taking action. The information provided here is not intended to cover every situation with similar facts. Please remember that the law varies between states and other countries and is always changing through actions of the courts and the Legislature.

Posted

The issue in slip and fall liability cases is proof that the owner of the premesis engaged in conduct that rises to the level of negligence. That's why proof that the owner or operator of the premises was on notice as to the condition or should have been on notice is crucial. Here's more on why 'slip and fall' or 'trip and fall' liability cases are not the 'open and shut' case that some people think: [Blue Link Below]

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

Posted

I agree with the other answers. You must show that the motel probably knew about the water on the floor. If you took pictures, you may be able to show roughly how long it has been there. If it was clearly on the floor for a significant time before you checked in, you may be able to show that the housekeeper knew about it based on her last recorded entry into the room (or maybe you could see if she reported it). You should also be able to show the rate at which the water was dripping (slow drip? Constant drip?) Since you say the ceiling was discolored and there was clearly previous water damage, it is very possible that the motel had a significant amount of time to learn about it and do something about it. Did you tell the manager? Did they indicate that they were aware of the problem or have any record of sending someone to fix the problem? Very important - did you take photos?

I also agree that you may have a tough time convincing a jury that you are entitled to much compensation unless your medical costs are significantly high. If you have not already done so, I think you should file a complaint with the manager and see where it goes from there. If you are not satisfied with the motel's answer, then see what an attorney in your area has to say about it (they won't usually take your case unless they feel the accused party is at least partially at fault). Each state is different, but in most states you have at least two years before you are required to commence litigation proceedings. In any event, best of luck to you.

Posted

I do cases like this all over California. Sounds like have a good case. You may call me for a free consultation at 800-816-1529, x.1.

No attorney/client relationship is or shall be created by this response on Avvo to non-clients of The Law Offices of Norman Gregory Fernandez.

Joanne Reisman

Joanne Reisman

Posted

Mr. Fernandez - the Avvo community guidelines state: To professionals: Self promotion We encourage you to share information about your business or practice with the Avvo community; however, we ask that you do this in your profile or through our Advertising Solutions. Please do not directly solicit clients as part of an answer, guide, or peer endorsement. A link to your profile is displayed next to each of your postings. The content of your postings should remain non-commercial in tone. This is why the other attorneys here are not doing shameless self promotion. We are playing by the rules and would appreciate if you would to.

Joanne Reisman

Joanne Reisman

Posted

I don't mean to sound overly harsh- I agree that this is a bit of a grey area - but if we all say call us and insert our phone numbers I think we are going outside the guidelines.

Joanne Reisman

Joanne Reisman

Posted

To be fair - I want to add this for the poster - Mr. Fernandez may well be one of the best slip and fall attorneys in California and may be someone you would want to call and talk to about your case. I don't know him and am in no way commenting on his legal or professional skills. My comment is limited to pointing out that Avvo has asked us not to post pure solicitations for business and to have our posts consist of content that helps the readers. It is sometimes hard to avoid telling people that they might want to consider you as an option especially if you know that this is something you are very good at. If you want to pick an attorney you might want to pick a few names,. research them, and take the time to meet with them before you decide who you want to help you with your case.

Norman Gregory Fernandez

Norman Gregory Fernandez

Posted

Every attorney here is doing self promotion. I told the poster what i though about the fact pattern and invited them to call me. By the way, who appointed you as the Avvo policy police. I have won a premises liability jury verdict in the Orange County Central Santa Ana Court, the exact jurisdiction of this poster. The judge commended me and told me in his 30 years on the bench, i was the first attorney he saw get a premises liability jury verdict in his Court in Orange. So yes I am damm good at what i do. Why don't you worry about bankruptcy cases in Portland, and let us California PI attorneys worry about our own question forum. Hell i wish i had time running to run around here and play Avvo police.

Joanne Reisman

Joanne Reisman

Posted

Actually I do personal injury law among other things. I have won premises liability cases too. I have been doing this for 30 years in Oregon. I graduated cum laude from UCLA with a degree in business economics. I grew up in Orange County (Villa Park High School). I moved to Oregon 32 years ago to attend Lewis and Clark Law School, a very prestigious private law school. Oregon provides a much nicer quality of life and much nicer people over all, especially the other attorneys I encounter so I decided to make a life here. As an active PI attorney I am a member of the Oregon Trial Lawyers Association. I have won three precedential appeals in Oregon beating Farmers Insurance twice and State Farm once. I am a guest lecturer for various law groups. I don't know why Avvo is putting bankruptcy lawyer by my name, if you check my bio you will see I have several areas of practice. I also taught my self Spanish after law school and am fairly fluent, about half my clientele is Spanish speaking. And no one has to appointment me. I was trying to help you because your review can get flagged and removed from Avvo as violating their terms of policy and I feel that if I am playing by the rules it is fair to me and others if others do the same. And for the record I don't normally see attorneys posting their phone number on Avvo and saying call me. Most attorneys try to say something general and helpful to the poster.

Joanne Reisman

Joanne Reisman

Posted

Maybe I should qualify that - I looked at a few more California Avvo listings - apparently a lot of you California attorneys are similarly putting "call me" and your phone number. I don't see that in the Oregon posts and the posts I have looked at in other states. Maybe that speaks to the highly competitive environment in California for legal business. If you get tired of it - come to Oregon.

Joanne Reisman

Joanne Reisman

Posted

If you do visit Oregon - please allow me the honor of buying you a drink.

Norman Gregory Fernandez

Norman Gregory Fernandez

Posted

I will take you up n the drink offer.

Joanne Reisman

Joanne Reisman

Posted

:)

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