Legal Question in Personal Injury in Virginia
Tripped and fell on her face
October 17, an 87 y/o Fla resident tripped and fell onto a sidewalk entering a motel in Virginia. She landed on her face and sustained a deep cut on her forehead, abrasions to her nose and face and eventually bruising around the eyes and face. Paramedics responded and at her option transported her to the ER where she was given several stitches. CAT scan was apparently unremarkable, but no X-ray of the skull was taken. She was discharged after about 5 hours.
I thought she had tripped on the edge of the sidewalk which rises about four inches above the level of the adjacent grassy area. Her recollection is that she tripped on a curb, in the motel parking lot, which is about 10 feet from the sidewalk which adjoins the building, then, trying to maintain her balance, stumbled up to and fell on the walkway.
No bills have been received yet, but she has received a letter from the motel's insurer asking her to contact them.
Does the manner in which she tripped, curb or sidewalk, affect the motel's liability? If liable, can the motel be asked to reimburse for paramedic/ambulance expenses since she elected to be transported? Can she ask that the motel pay for all medical bills, saving her insurance co the expense?
Thank you!
2 Answers from Attorneys
Re: Tripped and fell on her face
Yes. Unless the curb was defective (broken) I see no legal responsibility. However, some insurance companies may pay something just to make the issue go away.
Re: Tripped and fell on her face
In addition to what David said, I will note that there may be no-fault medical expense coverage available from the hotel's insurer.
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