The surface was newly refinished and the pool attendant informed me that a lot of people had been falling. There were to witnesses who saw me fall and I have their info. I sustained and elbow fracture =, C-5 and C-6 injury and a knee injury as well.
I am told the area was resurfaced right after my accident but I live in Boston and cannot get confirmation. Due to the nature of my business, I did not take any time off but worked in pain.
I am not getting any cooperation from the Insurance company and they are refusing to send me any of the reports that I have requested. I spoke to a law firm and they stated that Texas Law does not cover slip and falls... and that I cannot make a claim. Is Texas that different from the rest of the world? I need an aggressive Attorney to handle this
Texas law does cover slip & falls they are considered premises liability claims. However, in Texas the law is not very favorable to plaintiffs. In order to have a valid claim, the plaintiff must prove that a condition existed which posed an unreasonable risk of harm which the defendant knew or should have known about AND failed to make reasonably safe or failed to warn. I recommend contacting an attorney in Dallas to discuss this matter.
Were you warned about the other people falling before or after you fell? Texas law does allow a plaintiff to recover for a slip and fall (general negligence) but the deck would be stacked against you. You would have to show that the company knew of the condition, failed to warn, etc.
I'd be happy to discuss your case with you at no charge, as would most attorneys. I recommend you interview at least three law firms and pick the one you like best.
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Texas law DOES cover "slip and falls."
If you were a customer of the hotel (an "invitee"), and if you can prove that the surface was unreasonably dangerous due to being newly refinished, and if you can present evidence (such as from the pool attendant) "that a lot of people had been falling" on the newly refinished surface, then you may have a viable case that should survive summary judgment (dismissal before trial).
I can discuss this matter with you tomorrow, and there is no charge to talk to me.
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Mr. Horowitz and Mr. Leon are exactly right and the biggest obstacle on these premises liability "slip and fall" cases is proving that the premises owner KNEW the premises was dangerous/defective and did nothing about it. The owner has to repair the defect or warn his guests, so if no one warned you about the slippery area and they knew it was dangerous then you might have a shot at a claim against The Fairmount Hotel. Feel free to contact my firm and several others to discuss at no charge. www.kevinmadison.com
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Texas law does allow an injured party to make a claim for injuries arising from a slip and fall. The current status of premises liability law in Texas is difficult to navigate through, but under the right set of facts, you may very well have a viable case. Because of the complexity of Texas law, I strongly encourage you to contact a personal injury lawyer in Dallas as soon as possible.
Well, Texas law is horribly unfair for slip and falls, but is not the same as not having any laws at all. In fact, if you scroll through my avvo.com reviews, you'll see a post by Emily in Austin about how we helped her on a pool case.
I'd like to know more details, and I might ask if you can meet me at the pool or give so we can take a loom together.
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Marc C. Lenahan
Lenahan Law, P.L.L.C.
2655 Villa Creek, Suite 204
Dallas, Texas 75234
Brain Injury Association of Texas
Advisory Board Member,
National Crime Victims Bar Association
Texas law does cover slip and fall cases. The key is that you have to prove that the property owner knew or should have known of a dangerous condition for which they did not warn about or make safe. First, you must determine that the surface of the pool on which you slipped was dangerous. It sounds to me like it likely was. Sure people slip around a pool all the time but the pool attendant's comment makes it sound like it was way more than normal after the resurfacing. Tracking down the pool attendant would be crucial to your case because he can verify that someone there knew it was dangerous (that people were falling more than normal) yet there was no warning sign posted or any action taken to fix the slick surface before you were injured. You really should visit with a Texas attorney about pursuing this matter against the insurance company on your behalf.
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