The answer is a resounding YES! Don’t let anyone tell you that past accidents or health issues mean you don’t have a case. A recent California case shows how even someone with a history of injuries can fight back and win.
Joe’s Story: A Slip and Fall with Complications
Joe Borowski was enjoying a getaway at the fancy Ritz-Carlton hotel. After a night of stargazing, he slipped and fell on a wet floor inside the hotel lobby. Simple enough, right? Not quite. Joe had a history of knee injuries and even past slip and falls. Could he still win a case against a big, expensive hotel?
The Hotel’s Defense: Trying to Blame the Victim
The Ritz-Carlton didn’t just sit back. They tried to fight Joe’s claim, saying:
- “You weren’t careful!”: They claimed Joe should have seen the “wet floor” sign.
- “Your knees are a mess anyway”: They argued his pain wasn’t their fault, blaming past injuries and age.
These are common tactics businesses use to avoid paying for their mistakes.
The Jury Saw Through It
Luckily, the jury wasn’t fooled. They understood that Joe’s fall could worsen his existing knee problems. In the end, they awarded him over $200,000 to help with his medical bills, future knee surgery, and the pain he went through.
Key Takeaways for You
- Don’t be discouraged: Even with past injuries, you have the right to fight for compensation if a business’s carelessness causes you harm.
- Businesses have a duty: They need to keep their floors safe, whether that means keeping them dry or putting up clear warning signs.
- Worsening old injuries matters: A slip and fall can make existing conditions much worse, and that’s the business’s responsibility.
What to Do After a Slip and Fall
If you slip and fall, especially if you have any health concerns, take these steps:
- Get medical attention ASAP: This documents your injuries and shows you took the situation seriously.
- Document the scene: Take photos of the wet floor, lack of signs, or anything that contributed to your fall.
- See a slip and fall attorney: They’ll assess your case, fight for your rights, and ensure you get the best possible outcome.
You Deserve Justice!
Don’t let a business bully you because of past health issues. You have the right to be safe in stores, hotels, and public places.
Disclaimer: This blog is not legal advice. Every slip and fall case is different. Consult a lawyer for specific guidance on your situation.
Resource: this is the original source
