Maybe. There are a lot of variables. That you will need to discuss with an attorney.
This response is for informational purposes only and is not intended to convey detailed legal advice on any specific issue. Transmission of the information contained in this response is not intended to create, and receipt does not constitute, an attorney-client relationship. The Law Office of John A. Jackson only practices law where properly authorized to do so and does not seek to represent anyone in any other jurisdiction. This site does not make use of any secure encryption technology, and any transmissions to the Law Office of John A. Jackson may be intercepted by third-parties. DO NOT send us any information that you regard as privileged or confidential. John A. Jackson is licensed to practice law in the State of South Carolina. You should not act upon the information contained herein without first seeking the advice of an attorney licensed to practice in your area.
Perhaps -- your friend needs a personal injury attorney to investigate.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
You need the assistance of a local personal injury attorney to investigate the cause of the incident and handle your claim. Do not provide information to the hotel's insurance adjusters until you consult with an attorney.
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
There is a POTENTIAL personal injury claim here, but many more facts need to be presented and investigated by an experienced Personal Injury Attorney BEFORE a fair answer can be rendered. For example, the CAUSE of the malfunction, and many other factors. Don't try to have your friend settle this matter on their own with the hotel, without getting a consultation from a SC Personal Injury Lawyer...many of the excellent SC lawyers on this site will provide an initial free consult....call one of them TODAY. Best- Charlie
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There is a strong possibility the property owner may pay for the injuries assuming that your friend didn't contribute to the accident by trying to remove/fix the sliding door when it fell or otherwise cause damage to the door. I have attached a link to an article that describes "premises liability claims" in South Carolina. Hope that helps you.
This response is for informational purposes and is not intended to convey detailed legal advice on specific issues. Transmission of the information contained in this response is not intended to create, and receipt does not constitute, an attorney-client relationship. The attorneys of Futeral & Nelson, LLC practice law only in jurisdictions we are properly authorized to do so and do not seek to represent anyone in any other jurisdiction where this site does not comply with applicable laws and bar rules.
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The lawyers of the Futeral & Nelson, LLC are licensed to practice law in the State of South Carolina. Readers should not act upon the information contained in this site or the linked sites without first seeking the advice of an attorney licensed to practice in your area.
We have handled many premises liability cases in the Myrtle Beach area as a result of similar type claims. This is one matters involving a rental property in Myrtle Beach. In that case, a dock collapsed causing my client to fall and suffer a broken leg. We ended up resolving the case for $1,625,000.00 because we showed that the realty company had failed to properly maintain the dock. http://www.hugheylawfirm.com/PDF/1.625mil_DockCollapse.pdf
Each case is different and must be evaluated on its own merits. This is not intended to imply a similar result.
Premises liability law, in South Carolina, is essentially this, which I wrote in a blog post yesterday. http://www.hugheylawfirm.com/blog/2013/10/27/south-carolina-slip-and-fall-law-in-a-nutshell-hughey-law-firm-injury-lawyers/
I have prosecuted claims involving sliding doors before as well, in Horry County. In general, the issue will include evaluating damages as well as liability. In premises liability cases, the invitee (business visitor) is offered the utmost duty of care by the owner or occupier of the premises. The owner or occupier of the property owes to an invitee or business visitor the duty of exercising reasonable or ordinary care for his safety, and is liable for injuries resulting from the breach of this duty.
The owner must warn an invitee of any unsafe conditions of which the defendant knew or should have known, The owner must use due care to discover risks and take safety precautions to warn of or eliminate foreseeable unreasonable risks.
Additionally, he owes a duty to warn of hidden dangers or unsafe conditions ofwhich the merchant knows or in the exercise of reasonable supervision and inspection should know.
A Plaintiff can be up to 50% at fault and still recover. The Plaintiff's comparative negligence reduces the award by the percentage.
This information is provided for informative purposes only and does not create an attorney-client relationship. I am providing only a general reference opinion.