Legal Question in Personal Injury in Nevada
I have a question regarding negligence in a slip-and-fall.
At a Las Vegas resort hotel they place a placard on the bathroom counter making guests aware if they would like a bathmat that one needs to be requested. While the mat is optional, the need for one seems universal because the bathroom floor is extremely slippery when wet. Also, the hotel has guests from all over the world and they may not understand the language(s) of this placard.
I know somebody from Florida who visited this hotel, slipped on the floor getting out of the shower, and hurt their leg at this hotel. They've been to the doctor who found some tendon damage or something after an MRI.
The hotel refused to pay her medical bills, saying they would have given her the mat if she requested it. Is this policy, aimed at saving money/time on laundry, a defense? Doesn't the hotel owe its guests a high degree of care? Was the hotel negligent in not providing bathmats automatically?
I think they were negligent because the floor gets really slippery and they know that. But, to save a few bucks, they make it seem like the guest does not need the mat but merely may have one of they request it, as if it's a luxury or something. Plus there is the language issue, illiterate guests, children, etc. I think the injured person should sue, but the hotel says there was no liability. Please help with advice. THANK YOU!
1 Answer from Attorneys
You raise a very interesting question. Not only are there language issue, but if the guest does make the request there will be a wait for mat to be delivered by a bellman who is hoping for a tip. Probably the guest doesn't notice the bathmat sign until the guest wants to take a bath or shower and then the guest doesn't want to sit around waiting for delivery of a bathmat.
A lawyer who took on the case might hire an expert who would measure the coefficient of friction of the floor when wet. There are various technologies to reduce the coefficient of friction of wet floors (to make them less slippery).
Ultimately whether or not there is a case comes down to what a jury will decide. I like your reasoning that the hotel has put its guests at risk to save money.
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