Falls in the hotel premises can result to severe damages with the victims bearing the costs of the medical bills. It is equally important to have adequate knowledge of the law when it comes to the pursuit of damages after such an event happens in a Texas hotel.
Slip and fall accidents can occur due to various hazards, including:
Wet Floors: When the floors have not been cleaned and interfering obstacles are present or when the floors have been newly cleaned, and there are no warnings such as colored patterns on the floors.
Uneven Surfaces: Inadequate or worn off carpets, rugs or floored tiles having heaves, pits, cracks or depressions.
Poor Lighting: Poor lighting which is exhibited in corridors, staircases or public areas.
Obstructions: Typically-congested areas such as cables, debris or furniture placed right on the aisle.
Hotel’s Duty of Care
Hotels is bound by the law to ensure that the place is safe for the guests. This involves frequent checkups of the possibly dangerous areas and quick corrections of the defects found as well as marked signals that indicate possible risks. Negligence in the performance of this duty attracts liability of any accident and cases of injuries.
Measures to Be Taken after Precipitous Accidents
Seek Medical Attention: First of all, think about your own well-being and seek medical help if you felt injured no matter how trifling the pain.
Report the Incident: Check with the local police department in case there are serious injuries or death to file a report about the accident then inform the hotel management about the incidence and ask them to provide a report in writing.
Document the Scene: Snap shots of the accident scene and of any unsafe conditions that exist.
Collect Evidence: Take down statements and contacts of eyewitnesses.
Keep Records: Advice: Keep a file of the medical bills you incurred, the receipts you received and the communication with the hotel.
Consult a Lawyer: Talk to a personal injury lawyer subscribed to the state bar with specialization in slip and fall injury cases.
Showing liability in slip and fall case
To establish liability in a slip and fall case, the following elements must be proven:
Duty of Care: The hotel owed the guest the duty of care to ensure that the hotel environment was safe enough for use.
Breach of Duty: The hotel failed in this duty to address or warn of the hazard that led to the accident and the client’s injuries.
Causation: The alleged breach of duty was the proximate cause of the accident and the injury.
Damages: The victim made actual losses; for instance, through hospital bills or periods of time they lost due to injury.
Comparative Negligence in Texas
Texas follows a modified comparative negligence rule. If the victim is found partially at fault for the accident, their compensation may be reduced. However, if the victim is more than 50% at fault, they cannot recover any damages.
Statute of Limitations
In Texas, the statute of limitations for filing a slip and fall claim is generally two years from the date of the accident. Timely filing is essential to preserve your right to seek compensation.
Conclusion
Slip and fall accidents in Texas hotels can result in serious injuries. Understanding your legal options and the steps to take after such an incident can help you seek the compensation you deserve. Consulting with a personal injury lawyer can provide guidance and support throughout the legal process.
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