What are my rights if I slipped and fell on ice and snow at a hotel out of state?
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What are my rights if I slipped and fell on ice and snow at a hotel out of state?
The hotel’s insurance company is trying to deny paying for my medical expenses and pain and suffering. Their claim is that if the ice was naturally occurring then they are not responsible. I would think all ice and freezing rain would be naturally occurring so there would never be any responsibility for property owners to try to maintain a safe slip resistant property. The ice and snow had not been treated with salt or ice melt or kitty litter or sand or anything. They also claim that they hire someone to clear the snow and ice so that company is responsible and not them. What are the laws in regard to this?
Asked on July 31, 2014 under Personal Injury, Indiana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
The hotel is liable for your injury. If the hotel's insurance company is denying the claim, sue the hotel for negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable hotel would have exercised under the same or similar circumstances to prevent foreseeable harm). A reasonable hotel would have removed the snow and ice.
Your lawsuit can be filed in the state where you reside or in the state where the hotel is located or where the incident occurred. For convenience purposes such as court appearances and filing documents with the court, it would be advisable to file your lawsuit in your state. You can have a process server near the hotel serve the hotel with your summons and complaint. The complaint is the lawsuit.
Your damages should include your medical bills, pain and suffering, which is an amount in addition to the medical bills, and wage loss. Compensation for both the medical bills and wage loss is straight reimbursement.
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