Legal Question in Personal Injury in Texas

Slip and Fall

I happened to be attending a wedding reception at a hotel. I went to use the lady's rr and was at the sink refreshing my makeup when I stepped back to look in the mirror, I slipped landking on my right palm, I went to complain to manager b/c there was no wet floor sign put up. I was going to leave it alone but the pain was too bad to go back into the reception. I ended up going to the hosp. to get x-ray, fortunately there was no fx visible, but I am still in pain and I was told by the er physician if pain was still present in a 7-10 days I should get another x-ray cause a scaphoid fx usually does not show until days later. So I am still waiting. What legal rights do I have when trying to get them to pay for my hospital bills. I have not gotten any other type of treatment other than wearing a splint as I am hoping it is nothing serious. I have been having the worst time trying to get answers out of the hotel, and furthermore they talk to me as if I am making a bigger deal out of this than it really is. I have never sued anyone for anything I just want what's right. I don't think I should have to pay for the bill b/c they're houskeeping staff failed to put up proper signs or mop correctly. Thank you.


Asked on 6/16/04, 5:27 pm

1 Answer from Attorneys
Dan Street Street Law Firm

Re: Slip and Fall

The law of "premises liability" requires that you prove that the establishment either put the dangerous substance (water) on the floor, or that they knew it was on the floor and failed to warn you of it. You have the burden of proof. You cannot just assume that the cleaning people left water on the floor. (What if the water actually came from the last patron before you merely shaking water off her hands? In that case, the hotel would probably not be liable.) These cases are very difficult because it is often hard to get to the truth. The hotel will likely claim that (1) they did not put the water there; (2) they did not know it was there; and (3) they had just inspected the restroom moments before you entered and the floors were dry. Even though these assertions would probably not all be true, proving otherwise would be very, very difficult. Insurance companies know exactly what elements of a case must be proven by you. They often instruct their insureds to lie in order to make it difficult or impossible for you to prove one or more elements, knowing this will doom your claim if you have to go to court.

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Answered on 6/16/04, 6:23 pm


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