A Houston man has filed a lawsuit against a local hotel after slipping and falling while on its property.
On October 1, 2016 the victim alleges that while on his way to the front desk inside the hotel he slipped on water which was unexpectedly present where the carpeting met the tile. He then fell to the ground.
The victim states that the defendant failed to know and warn invitees of this dangerous condition, and that the defendant failed to repair or make the area safe prior to the time of his injury.
Plaintiff Seeks Trial by Jury
The filed complaint states that victim suffered physical injuries, pain, incurred medical expenses, and that endured mental anguish.
The plaintiff is seeking a trial by jury, court costs, damages, pre- and post-judgement interests and other expenses.
How to Determine Liability in a Slip and Fall Case
In order to prove that the negligence of someone else caused you to slip and fall, you must prove one of the following:
The owner or an employee of the premises…
- Caused the slippery or dangerous surface or item to be underfoot (i.e. a water spill, a tear in the carpeting, etc.)
- Must have known about the dangerous condition of the surface but failed to do anything about it
- Should have known that the surface was dangerous and that a “reasonable” person in charge of the property would have otherwise found, removed or repaired it
Determining What Is “Reasonable”
The courts will look at a number of factors to determine whether or not a property or business owner was “unreasonable”:
- If the area tripped or slipped on had be present long enough so that the owner should have known about it
- If the owner performs regular inspections and maintenance of the property
- If there was a legitimate reason for the object that was tripped or slipped on to be left on the floor or ground
Arrange for a free consultation with Charles J. Argento
If you have been injured in a slip and fall injury in the Houston, Texas area, Charles J. Argento can help. With over 30 years experience in personal injury claims, our firm will help you receive the compensation you deserve for your injuries.
To schedule your complimentary initial consultation today, we invite you to call us at (713) 225-5050.