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TR Sandvik

Bad fall in Hotel Parking lot.

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While going out to my car that was parked in front of hotel by office my foot landed on an oil spill that looked like damp asphalt. Feet went out from under me and I landed pretty hard. At 67 hits like this can do a bit of damage.  Looked around and of course there was no one around to witness. Managed to get myself up and went into the office to tell the manager of my fall and to warn her that there was a pretty substantial amount of oil that would need attending to  before someone else took a fall like I did.  They accepted my heads up, said it would be taken care of (never was). Manger and desk clerk there at the time.  Now I am finding out two days later that I am getting a detached retina in left eye.  What the heck to I do? Happened in Miami, I am by Clearwater on the other side of state and back home now.

Edited by TR Sandvik
bad grammer

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You get the medical care that you need. 

 

After you have done that, you might consider seeing if the hotel will, as a good-will gesture, pay some or all of it. But for them to be liable, you will need to provide some pretty convincing evidence that they knew or should have known that the oil spill was there and that they had had sufficient notice to do something about it. After all, do you know and can prove how long it had been there? What if the oil had been spilled or dropped by a car that only left a few minutes before? 

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It is called a slip-and-fall.  Recovery of substantial damages  is a long shot.   Statistics I have seen indicate a probability of recovering damages for pain and suffering in the range of one in three cases.  The problem is proving the hotel management or maintenence department was aware of the unsafe condition and failed to  exercise ordinary care to prevent injury to others. The oil may have been leaked by the person immediately prior to your arrival. 

 

Having a witness to the fall is nice, but you need to have a witness to the condition prior to the fall who pointed it out to management or who can give some evidence that the problem existed for a significant time and should have been noticed.  That is hard and the expenditure of assets to find such a witness is usually only worthwhile if there are extensive damages.

 

However, most substantial companies have coverage for medical expenses that occur on the premises regardless of negligence.  You should  notify the manager of your apparent injury and request it be reported to the hotel's insurer.  Detached retinas can be repaired.  Good luck. 

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On 9/1/2019 at 12:48 PM, TR Sandvik said:

Now I am finding out two days later that I am getting a detached retina in left eye.  What the heck to I do?

 

Seek appropriate medical treatment.

 

If you're thinking you might have some legal claim against the hotel, that's unlikely.  Oil in parking lots is common, and you're supposed to watch where you're walking.  Nevertheless, the hotel's insurance coverage almost certainly has a component that will pay some amount (maybe $5-10k) for medical expenses regardless of legal liability, so you should inquire with the manager about that.

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