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