The National Floor Safety Institute and the Centers for Disease Control and Prevention identify falls as a leading cause of traumatic brain injuries and other serious harm. Every year, millions of Americans, including those on vacation, suffer injuries requiring hospitalization that relate to slip and fall accidents.
If you were injured on your vacation, it is crucial to understand the basics of pursuing claims for accidents on vacation properties.
Recovering Compensation After Being Hurt on Vacation
You do not leave your legal rights behind when you go on vacation. If you are one of those unfortunate enough to have slipped and fallen while at a hotel or resort, you have the same rights to seek compensation as you would if the accident occurred in your hometown with the help of a slip and fall lawyer.
However, there are certain factors you will need to consider if you are hurt away from home, including:
Jurisdiction and Statute of Limitations
If you are hurt at a Florida resort or hotel, you would generally file your lawsuit in Florida, and the state’s two-year statute of limitations would apply. If you are hurt at a property located in another state, then that state’s statute of limitations would apply, not Florida’s.
Additionally, your case would need to be filed in that other state by a slip and fall lawyer licensed in that state. For example, suppose you live in Florida but decide to vacation at a resort in Texas. There, you slip and fall on wet tiles in the hotel’s lobby. Assuming that the hotel is a Texas business, your lawsuit would be filed in Texas and would be subject to the statute of limitations in Texas.
Assumption of Risk and Waivers of Liabilities
Recognizing that their properties can be dangerous, some vacation properties may try to limit their legal exposure by having guests sign a release or a waiver either before or after an accident occurs. They may even entice slip and fall victims to sign such documents by promising them compensation in some form or other.
For this reason, it is extremely important that you read a hotel or resort property’s policies before booking your vacation, and a slip and fall lawyer’s guidance can be key. If you sign an agreement that limits the property’s liability, it can be challenging to undo such a release and get compensation.
You will also want to avoid signing any document following your slip and fall accident without having a lawyer review it first. Some unscrupulous property and resort owners may attempt to pressure you into signing away your legal rights. Insist on reviewing any document with your lawyer, no matter what perks they may offer to you.
Preservation of Evidence
Regardless of where a slip and fall accident occurs, you will benefit by trying to preserve as much evidence as you can. This includes documenting the scene of your accident. You can expect that a hotel or resort will move quickly to clean up the slip hazard that caused your accident, so be prepared to act quickly if possible.
Take photographs of where you slipped and fell. Try to capture the cause of the slip and fall, too. For example, if a pool of water from the hotel’s indoor pool was what caused you to slip, try to get one or more pictures of this hazard before it is cleaned up.
Look around and see if there are any hazard signs or warning placards. If so, take photographs of these as well.
Documentation of Witnesses
It is equally important that you get the names and contact information of as many witnesses to the accident as possible. Do the same for the hospital and doctors who treat you for your injuries. Write this information down, as these individuals can be extremely valuable in proving your slip and fall case.
Having the name of the hospital and providers who treated you can also help you in other ways. Specifically, this simple step can make it easier for your slip and fall lawyer to obtain medical records you may need to prove your case.
When to Speak to a Florida Slip and Fall Lawyer
Any slip and fall case can be challenging to win, whether it happens at home or while you are on vacation. For an accident that happens at a Florida hotel or resort, turn to a knowledgeable slip and fall lawyer from Schrier Law Group for help.
Our seasoned team can thoroughly investigate the details of your claim and fight hard to pursue the compensation you deserve. Contact us to schedule your consultation today.
