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Personal Injury Law (Accidents/Slip & Fall)/SLIP & FALL INJURY AT LAS VEGAS HOTEL POOL SITE

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QUESTION: please inform us if there are anything that the  hotel could do about this kind of matters..

I need to seek some help concerning slip & fall injury at las vegas hotel pool on

My wife & I  went to one of the las vegas  hotel pool on 07-13-2013.

Once we walked into the hotel pool, we were looking for the bench to leave our belongings and rest at the bench..
We were just walking towards a empty bench, but all the certain, my wife slipped and feel to the ground hard due to the slipperiness of the concrete floor at the pool site. We were not near the swimming pool area ,but there waters all over the ground.
She feel to the concrete ground hard  with her knees first.

After the fall, She was just sitting on the ground holding on to
her knees.
hotle Personnels, at the pool site  have witness the incident and came to check out the incident.
hotel security guards and other personals came to check up on the accident…
They took pictures of her bruised knees and surrounding areas…
My wife, asked to mover her from the ground to the nears bench.
hotel personnel’s, provided several ice packs too place on the knees..
They asked us if we wanted to call the peramedics or not
At that time, my wife wanted to just rest for several minutes, and did not wanted the peramedics to come..
hotel guard, inform us if peramedics are needed , just to call then back…
After several minutes of 3-5 minutes, my wife informed me that she just does not feel right no her left knee..
I asked her, if she wanted to call the medics and she asked to call the medics

I have call for hotel personnel at the pool and asked then to call the peramedics.
The medics came, and took her information.
The peramedics just took her blood pressure and that was it..
They asked us if we wanted to go the the hospital by the ambulance or not..

Since, we did not have an insurance , we decided not to take the amburance.
We asked the pedimedics for the nearest hospital .
The hotel personnel gave us the listings of the hospitals near by..

We have asked the hotel personnel to help her move my wife to our vehicle parked area at the hotel..
They have provided the wheel chair and moved my wife to our vehicle..

We went to nearest medical center and have waited 5 hours to take the x-ray exam.

We took x-ray exams for both of her knees.
The doctor has informed us that x rays shows no fractures,and it is just soft tissue related injuries..
The doctor provided the prescription pain medicine and gave her the crutches to support her knees..

We are back in los angels, however, my wife is knees are badly brused and still very sore, and can’t walk without the crutches…
She is still feeling the soreness on her knees, and both of her knees are badly bruised and swollen. Especially, her left knee.
She can’t put any pressure on her left knee at all.

She met with the physical therapist and informed her to take the physical therapy for a month, and if the condition does not get any better, further exams needs to be taken on her knees.


My wife is extremely concern of her status of her knees; moreover, the side effect that might cause her in the future; since she has injured her knee where the joints are…

i have contacted the risk manamgement dept, and they say they are aware of the incident, and they will look into it and get back to me.

Please inform us if there are anything that hotel could do about this kind of matters or do i need an attorney?

ANSWER: Kevin:  Firstly, no lawyer will be interested in working on your wife's case.  The reason is that the injuries are not great enough.......at least as far as we know now.  It is not worth the attorney's time and effort to pursue a personal injury claim against the hotel based on sore knees.  And even if she had confirmed serious knee injuries there probably is no legal recourse.  Why? The biggest reason why there will be no legal case here is because the hotel probably is not legally responsible.  There is no way that a hotel can prevent water from being on the concrete around or near the swimming pool.  The hotel has a legal duty to use REASONABLE CARE to prevent accidents by (1) doing good maintenance and (2) having a legally approved type of surface for people to walk on.  You will have no evidence that the hotel did not do adequate maintainance and I strongly doubt that a big Las Vegas hotel is guilty of using an unapproved type of walking surface around or near the pool.  The hotel is not required by law to GUARANTEE that nobody will ever slip and fall from water near a pool.  That would be impossible.  Also, if you did want to take legal action you would need a lawyer in Las Vegas.  It would be easy enough to contact a LV lawyer.  Just google "Las Vegas Personal Injury Attorney".  You will find many of them.  You can call or email them your same question but I can almost guarantee they will not want the case.  Hopefully however they will give you another explanation so that you can be sure I am right.  Finally, Vegas hotels and casinos are especially difficult to deal with in cases like this.  They get dozens of such claims EVERY DAY.  People are drinking, partying, not watching out for their own safety and many times looking for a way to get money out of the hotel.  Not saying this about your wife but this is why they generally don't do anything about such claims.  What you can do is request that they pay your wife's out of pocket medical expenses.  They might do that but again, I doubt it.  How do they know your wife didn't have bad knees already and that is why she fell?????  How do they know?  Because you say so??  Not enough.  Hope this helps and that her knees get better soon.

---------- FOLLOW-UP ----------

QUESTION: dear: glen

thank you very much for your answer..
i have contacted several lawyers ,but as you have said, they did not wanted to take the case...

if so, is this something i must deal with the risk management department directly???

Answer
Yes, deal with Risk Management yourself but do not expect any positive results.  Since they have video, a report, they know everything about the accident, best you can do is provide them with documentation of the medical expenses and ask them to reimburse you for them.  Since your wife is still treating and there may be more bills and there may be a new diagnosis, my advice is this:  Write to Risk Management. Tell them your wife injured her knee(s), what she has done this far medically, what her current condition is and that you will advise them of further developements.  In other words, put something in their claim file so they know you are not just forgetting about it, like happens most of the time.  Send some of the bills you have already.  Keep copies. Add them up. When you know the full extent of her knee injuries and how much all the medical care has cost, send full documentation to RM and ask them to reimburse the cost.  I expect that they will not agree to pay anything but you can try in this way. P.S.  Also send them anything written by the doctors or therapist.  Not just bills. Medical reports that describe the injury and hopefully state she had no knee problems before.

Personal Injury Law (Accidents/Slip & Fall)

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Glenn A. Dorfman

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Thirty-two years experience in personal injury, medical malpractice, medical product liability law and class actions. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation. Actively involved and fully experienced in litigation regarding recalled hip implants as well as the Mirena IUD.

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Hundreds of satisfied clients in previous litigation

Organizations
California State Bar Association in good standing since 1976. Federal District Court

Education/Credentials
Jurisx Doctor degree 1976

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