Legal Question in Personal Injury in Wisconsin

I was on vacation I got out of the shower and slipped on a wet floor into the tub at the hotel and dislocated/fractured my shoulder. It seemed to get better but then I was transferred to another job at work and my injury was aggravated. This has created more problems than I expected to have. Also, I want to mention that I was the one who got the floor wet. That is why I don't know if I have a possible case or not. The other thing is there a time limit to file suit because this happened a year ago.

Thank you


Asked on 3/04/10, 7:46 am

1 Answer from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

For the hotel to generally be liable to you for your injuries and damages, you will have to prove that they were negligent and you will have to prove that they were more negligent than you. Given the brief facts that you have provided, I am not sure if you will be successful in pursuing a claim against them under a liability insurance policy that the hotel may have. The hotel may also have insurance that provides medical expense coverage up to a certain limit for anyone injured on their property, no matter who is at fault, and that might cover medical bills that would not be paid by your health insurance, so that might be available to you if they have that coverage. In Wisconsin, an adult has three years from the date of the accident, called the statute of limitations, to either settle a claim or commence a lawsuit. Failure to do one of those two things will normally prevent you from being able to make a claim for any injuries or damages. This assumes that the hotel was in Wisconsin, but if it was in another state, then a different statute of limitations time frame may apply. I would urge to you discuss the facts of your fall in more detail with an experienced personal injury attorney to determine whether the liability against the hotel may be more favorable, again due to the fact that little information was provided by you in your question.

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Answered on 3/10/10, 9:07 am


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