Legal Question in Personal Injury in California
I went on a family vacation this weekend. Unfortunately upon our arrival my wife slipped and fell in the hotel we were staying and as of today she is still feel pain on the side she fell on. The hotels "Risk Management" team was suppose to contact me within a few day and we have made an effort in trying to contact them and leaving several messages; can we sue for it ruining our vacation and for them not replying or responding in a timely manner?
5 Answers from Attorneys
Don't contact the hotel or speak to anyone until you have a personal injury lawyer on board. "Risk management" will want a statement and/or a medical release, and this would not be in your interest. Seek all necessary medical attention.
Has your wife sought medical attention? What was the diagnosis of her injuries? Also, these types of cases are difficult, so do you have any idea as to what caused her to slip and fall? Any photographs?
BARRY BESSER
www.besserlaw.com
You really need to actually speak with an attorney. The information you posted here is not enough to evaluate your case, and these kinds of cases can be very complicated. Basically, it's not enough that your wife fell at the hotel. You have to prove they did something wrong which caused her to fall, either by creating a hazard, or failing to remove a hazard. That can be tricky to prove, especially when all the best evidence is in the hands of the guilty party. Normally it's not worth pursuing with an attorney unless the injuries are serious. As to your actualy question, the answer is "No"--if you sue, it will be for your wife's personal injuries, and maybe your emotional distress if you saw her fall. It will not be for your ruined vacation or for their failure to respond. If you would like to discuss the matter in more detail, feel free to call me at 877-LION-FOR-LAW (546-6367)
My law firm handles slip and fall / trip and fall cases all over the state of California. You can read about these cases at http://www.slip-and-fall.net. If you want to discuss your case, you may call me for a free consultation at 800-816-1529 x. 1.