An injury is the last thing you want to think about when you’re on vacation and enjoying a hotel stay. Unfortunately, slip and fall accidents happen in hotels, and they happen quite frequently, especially in high traffic pool areas or busy hotel restaurants
. Aside from taking the fun out of your vacation, they can lead to serious injuries and expenses.
Hotel Slip and Fall Statistics
Slip and falls are the most common accidents in the hospitality industry. According to the Bureau of Labor Statistics, 70% of these
occur on a flat or level surface. This means you’re at risk of falling at virtually any time, whether walking to your room or enjoying a chat in the lobby. Every year, millions of Americans file slip and fall claims. In fact, slip and falls are so common in the hotel industry that the median damage award is roughly $75,329
. This number suggests that many hotels could do more to keep their patrons safe and protected from slips and falls
Filing a Claim After a Hotel Slip and Fall Accident
All property owners must keep their properties safe
for guests and employees. Business owners, like hotel owners, carry liability insurance in case an accident occurs. Unfortunately, the goal of most liability insurance companies is to pay as little as possible. Chances are, if you file an accident claim, the insurance company will try to settle out of court for a meager sum. If you suffered serious injuries or significant lost wages, insurance probably won’t cover the full amount of your financial lost, and it definitely won’t compensate you for your pain and suffering. Hence, many people file personal injury claims with an attorney’s help.
Proving Negligence in a Slip and Fall Case
An attorney’s job is to help demonstrate that the property owner’s negligence contributed to your accident and your injuries. Essentially, this comes down to proving:
- The hotel staff knew, or should have known, about the safety hazard that caused your accident and failed to either make the condition safe, or adequately warned of the condition. For example, they should fix a broken step in a hallway.
- You were not entirely responsible for your own accident. The hotel owner’s attorney will likely try to prove you were, but in Texas, you can still collect compensation as long as you are less than 51% at fault for the accident. If you’d been drinking heavily when you tripped on the torn carpet, you may be partly responsible for your fall, but you are still entitled to some compensation.
Other factors come into play when proving negligence, but these two concepts are essential. Basically, the property owner had a duty to keep his or her guests and employees safe but failed to do so.
Slip and Fall Damage Claims
You can recover the costs of your expenses by claiming damages. These account for any expenses incurred because of the accident. Common claims in slip and fall cases include:
- Medical expenses like hospital visits, treatment, and medications
- Lost wages if you missed work because of your injuries
- Property damage, if any of your property was broken when you fell
- Pain and suffering, both emotional and physical, because of injuries
In some cases, you can also file punitive damages or wrongful death claims
if a loved one experienced a fatal slip and fall accident. An attorney can help you collect essential information to justify damage amounts and recover the most compensation possible.
Speak With a Skilled Slip and Fall Attorney in Texas
The Law Firm of Aaron A. Herbert
has experience in slip and fall accident cases and other areas of personal injury law. We have a history of handling slip and fall and other premises liability claims for clients throughout Texas. Based in Dallas, we represent injured people throughout Texas. We provide compassionate, experienced, and effective representation. We offer a free consultation and there is no fee or expense unless you recover. Discuss your case with our skilled team today
. If you’re in the San Antonio area reach out to our San Antonio Slip and Fall lawyers