August 26, 2015

Question

wife and son were leaving the last day to catch their flight..approaching the hotel exit, they saw a warning sign ..beware slippery when wet..They had to catch a flight and were thus in a hurry,,looking around and seeing no other exits, they tiptoed carefully through the passage..where the warning sign was placed..she fell down and broker her knee and had to have surgery and that now has been a nightmare..NY lawyer also licensed in Fl, had the case but said they wont settle and is dropping it...said he didnt file suit..told us to retain counsel to file..the statute of lims runs out in 1 yr and a half he said...question does this warning sign deep six the case???

Answer

Although a fractured knee with surgery is a significant injury, unfortunately, you'd need a lot of luck to prevail with these facts, since the hotel did what they're required to do and placed warning signs. If your wife saw but chose to ignore the warnings and "assume the risk" of walking across a wet floor, the hotel may have a good defense. Ultimately, it's a fact-based analysis. You may want to ask the attorney if hotel video surveillance recorded her fall. Best of luck.


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