Microtel Inn, which is run by Wyndham, is facing a slip and fall lawsuit filed by a former patron who alleges that the Inn failed to provide safe premises for visitors.
Microtel Inn Visitor Slips On Snow And Ice
According to the plaintiff, he visited the Microtel Inn & Suites in Beckley, West Virginia, on March 22nd, 2018. While attempting to get to his vehicle in the Microtel Inn parking lot, he alleges that he slipped and fell on snow and ice.
The fall caused him to land on his left should which was seriously injured. He is fighting to recover expenses for his medical bills, the wages he lost as a result, and for the pain he has suffered.
In his legal complaint, he states that the Microtel Inn & Suites is responsible for his fall because they failed to clear the parking lot of snow and ice in a timely manner and they also failed to put down de-icing materials.
Microtel Files An Answer To Slip And Fall Lawsuit
In the answer that has been filed in response to this lawsuit, Microtel Inn claims says that it owed no duty of care to the plaintiff since the hazards were open, obvious, and reasonably apparent.
What Is A Duty Of Care?
When a judge and jury review a slip and fall case, part of their job is to determine if the defendant owed a duty of care to the plaintiff. But what does this mean?
In order to determine if a duty of care was owed, questions like “Did the party involved in the accident act with reasonable care?” or “Did they act carelessly and contribute to the accident?”
Generally speaking, when it comes to premises liability laws, property owners and the companies they hire to manage the property are responsible for making regular checks of their area in order to determine if a hazard exists. If a hazard is discovered, it needs to be dealt with immediately or warning signs need to be placed informing visitors of the issue.
When it comes to snow and ice, there are state, county, and township laws that govern every area which specifies how quickly these winter weather hazards need to be removed once a storm has ended.
Proving that a property owner owed a duty of care to a plaintiff can be exceedingly difficult to prove, which is why it’s so important to work with an experienced attorney.
Does It Matter Where The Fall Happened?
Yes, it does matter. Although premises liability laws state that property owners owe visitors a duty of care, it also states that this duty is based on what is “reasonable” because no two properties are the same. At the same time, visitors do have a responsibility for keeping a lookout.
For example, if someone visits a 1,000-acre ranch, it is reasonable to assume that there are many slip and fall hazards such as fallen branches, wet leaves, and uneven ground. A rancher certainly cannot be expected to level and clear all of the property.
However, if someone goes to a grocery store that has numerous employees who should spot a spilled liquid in an aisle in a short period of time and an injury occurs because of a slip and fall on that liquid, they can likely take legal action.
This being said, if the person who was harmed was trespassing at the time of the accident they will likely not be able to take legal action since they were not supposed to be present in the first place.
The best way to determine if you or a loved one has a legal case after a slip and fall accident is to contact an attorney as quickly as possible.
Choosing A Slip And Fall Attorney
There are many different types of law which is why it’s important to make sure you choose an attorney who has focused on slip and fall law. Questions you should ask include:
- How long have you been practicing law?
- Have you worked specifically on slip and fall cases?
- Can you show me examples of successful outcomes you’ve obtained for clients?
- Do you have former clients I can speak with for a reference?
- Is your practice devoted to slip and fall law or do you practice other types of law?
- Who will be working on my case other than you?
- How will you update me and how frequently?
You should speak with as many law firms as you need to and choose the team you feel the most comfortable with. The legal process can be a long one which is why you should make the choice that is best for you and your loved ones.
How Long Is The Legal Process?
Although there are some cases that can be resolved in a few months, this is not the norm. The legal process does take time but this should never deter a plaintiff from taking action. It takes time to file legal paperwork, to consult with industry experts, and to collect evidence.
There is often a significant backlog in the court system which means that it can take time to schedule a court date.
The legal process can end before a trial if a settlement agreement can be reached between the involved parties. However, settlement negotiations take time. Additionally, plaintiffs do not have to accept a settlement just because one if offered.
Why Choose Philly Slip And Fall Guys?
For several decades the attorneys at Philly Slip And Fall Guys have been helping the victims of negligence recover compensation for the injuries that they have sustained. Numerous multi-million dollar verdicts have been obtained on their client’s behalf because of their dedication and passion for the law.
In every case, the legal team fights for the maximum compensation possible so that their clients can move past their injuries to build a brighter and happier future.