Legal Question in Personal Injury in Florida

My disable mother and I was staying in a hotel that was for disable people. While showering my mother sitting on the chair, the chair broke from the wall and landed on my foot. I was carried to the ER where my foot is fracture. My mother has scratches and bruises on her back. Can I sue for personal injuries?


Asked on 6/04/15, 10:17 pm

4 Answers from Attorneys

David Slater David P. Slater, Esq.

You are free to sue, but to win you must prove negligence by the hotel. Did they know or should they have known of the defect? Any prior similar occurrences at the Hotel?

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Answered on 6/04/15, 10:25 pm
Keith Petrochko KMP Law, PLLC

Yes, you absolutely can sue. These cases are not as straight forward as you may think; however, if the seat pulled out of the wall I would be surprised if they didnt offer to settle before it even gets to the point of filing of a lawsuit. A well drafted demand letter may be all you need.

Call a personal injury attorney and discuss your claim in more detail. You should not have to pay anything for the consultation or their representation.

I hope I've been helpful. Good luck.

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Answered on 6/04/15, 10:51 pm
Angelo Marino Angelo Marino Jr. PA

I believe you have a case based on the facts you have reported. Most cases like this settle without the need of filing a lawsuit.

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Answered on 6/05/15, 6:53 am
David Burns David H. Burns, P. A.

The answer is probably. It would depend on whether the shower chair broke because of a defect in the chair itself, in which case the manufacturer of the chair may have liability. If the problem was due to improper installation, then the company that installed the chair may have liability. The hotel itself may also have some liability, depending on a number of circumstances that are not apparent from your question. You need to retain an experience personal injury attorney to conduct a proper investigation. You should act promptly to ensure that all applicable time limits for filing suit are complied with, such as the statute of limitations and the statute of repose.

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Answered on 6/05/15, 7:24 am


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