A serious cut on hotel pool steps where others had already fallen

Q: Does a hotel's knowledge that others fell in the same place matter?

Yes. Notice is usually the contested issue in a premises claim, and earlier falls on the same hazard are evidence that the occupier knew or should have known about it.

Q: Which state's law applies to a fall on holiday?

Generally the law of the place where the injury happened, including its own deadline for bringing a claim. Those deadlines vary widely, so identifying the correct state is the first step rather than a detail.

Q: Does accepting first aid from a hotel affect a claim?

Accepting bandages or ice is not a settlement and does not waive anything. What matters more is whether the incident was reported and recorded at the time.

Question

I was staying at a hotel while on holiday and slipped going into the pool. The tiled steps were sharp and slippery, and I cut a large piece off my toe. Staff gave me plasters, ointment and a bag of ice. I had seen three other people fall on the same steps that day. I told the front desk before I left, and since getting home I have had no response by email or message.

A. Jason Velez · Accepted Answer

Repeated falls on the same steps is the fact that matters — it goes to what the hotel knew. O.C.G.A. § 51-3-1 states the duty: Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe. Two words carry it. Ordinary care is not strict liability — a business is not responsible for every fall on its floor. And approaches reaches the walkway and the parking area, not only the building itself. Having seen three other people fall on the same steps that day goes directly to the hotel's knowledge of the hazard, which is usually the contested issue. Notice can come from an actual report or from a condition that has been there long enough that the occupier ought to have known. Repeated falls in a single day is evidence of both. One threshold question has to be answered first: which state's law applies. The law of the place where the fall happened generally governs, along with its own deadline, and those deadlines differ substantially between states. If the hotel is outside Georgia, the Georgia two-year period is not the one to rely on. ## What you can do 1. Establish first where the hotel is, because the state where the fall happened generally supplies the governing law and the deadline. 2. Write to the hotel and its management company asking them to preserve any CCTV of the pool area for that day. 3. Ask in the same letter for any incident reports made by other guests that day. 4. Photograph the injury as it heals and keep every medical record and receipt. 5. Speak to an attorney licensed where the hotel is located, and do it promptly. ⏱ Time limits apply. Georgia sets deadlines for every kind of claim and they are shorter than most people expect. Confirm the one that governs your situation with a Georgia attorney before assuming there is time. A Georgia attorney can tell you quickly how the facts here line up, and most will look at a matter like this at no cost.

A serious cut on hotel pool steps where others had already fallen

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