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  1. #11
    Join Date
    Nov 2008
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    Sussex County, NJ
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    17

    Default Re: Slip and Fall

    Quote Quoting BOR
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    You say she was AT the swimming pool. The point she did not swim is basically moot. Pools need not erect signs that state "slippery when wet" to minimize liability. I am not being funny there, as it may sound so. We all have read nonsensical disclaimers on products and or limitations of liabilities.


    What I mean is, as a related example, the "open and obvious" doctrine. The potential peril of running just after leaving a wet area was risky as the chance of slipping is greater.

    Although the pool is not a "hazard" as a pot hole or trench may be to qualify as a mandate of a "duty to warn", a wet area is still "obvious"!

    You can consult a personal injury attorney, of course.
    This didnt happen by the pool area, she was on her way back from the pool area.

  2. #12
    Join Date
    Nov 2008
    Location
    Sussex County, NJ
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    17

    Default Re: Slip and Fall

    Quote Quoting lealea1005
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    I am not going after the school for her slip and fall....but to answer your question, violation of her IEP would be a start....

    Again, Im not sure if the hotel was negligent, I guess to find the out I would have to return to the hotel and check out the area of the accident on my own.

    How was her IEP violated?[/quote]

    She did not receive the counseling that was stated in her IEP.

  3. #13
    Join Date
    Nov 2008
    Location
    Sussex County, NJ
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    Default Re: Slip and Fall

    Quote Quoting jk
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    Doing it now would be meaningless. IF there was something that was at fault, it is most likely gone by now and inversely, something may have happened since this incident that could cause a problem that was no there at the time.

    May I ask what the school had done that was so aggregious and contrary to her IEP that they would bear any culpability in this situation?
    I said previously that the school did nothing in this situation that I can really do legally....their violation of her IEP had nothing to do with this trip and I dont believe in any of my posts did I imply that the violation of her IEP happened while on the trip. There was a lot that happened on the trip that really upset me about the school but as far as them violating the law, I don't know. When the school brought her to the hospital, they never called me to tell me that they were bringing her (there was a release signed to treat her) and they did not call me when they were done at the hospital to inform me that she did fracture her ankle, nor did anyone at the hospital call me. It does make me angry but I dont know if anything illegal was done. There is more that was done but does not pertain to slip and falls.

  4. #14
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Slip and Fall

    Quote Quoting dmbott
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    their violation of her IEP had nothing to do with this trip and I dont believe in any of my posts did I imply that the violation of her IEP happened while on the trip. .


    . Nobody at the school even called me to tell me that they were bringing her for x-ray or when they found out that her ankle was broken so I don't think they would have taken notice....but thats a whole other story. To be honest, Im not as concerned about a law suit against the hotel unless negligence was the reason. However, if there is a case, I will file a suit. Mine will eventually be after the schools....so when I get a few extra minutes, I'll post on the educational law forum.
    that statement does lead one to believe your possible suit against the school does have something to do with this situation.

    Sorry your daughter broke her ankle but somtimes kids get hurt while playing and there is nobody to blame.
    Life happens.

  5. #15
    Join Date
    Nov 2008
    Location
    Sussex County, NJ
    Posts
    17

    Default Re: Slip and Fall

    Quote Quoting jk
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    that statement does lead one to believe your possible suit against the school does have something to do with this situation.

    Sorry your daughter broke her ankle but somtimes kids get hurt while playing and there is nobody to blame.
    Life happens.

    OK I was just wondering if I should contact a lawyer....I actually wasn't there so its really hard to say what happened. As far as her school cooperating, I doubt it. I know there was an incident report filed but I have not seen a copy of it yet. I really don't know if I'm even entitled to see a copy of it or not.

  6. #16
    Join Date
    Jan 2006
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    38,867

    Default Re: Slip and Fall

    if you truly believe there was negligence on the hotels part and believe there is a reason to sue, then yes, contact an attorney. If you have serious doubts, I would write this off as children sometimes get hurt while they are growing up. Given the condition your child, and you along with it, must deal with, a court battle may not be in the best interest of your child. She would be directly involved with any suit you bring against anybody concerning this matter and it may overwhelm her. Only you and her doctors can make that call.

    Not trying to be judgmental here but you sound a bit overly aggressive (protective?) with the lawsuit possibilities. Could simply be because of this forum and the reason folks come here but...

    Look to the best interest of your child. Lawsuits can be a lot of work and bring a lot of attention to the plaintiff (your child essentially). Not that I believe you should avoid a legitimate suit but you do sound a bit aggressive.

    Like I said, not trying to be judgmental, just telling you what I see.

  7. #17
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Slip and Fall

    I also don't see how this has anything to do with her IEP.

    Accidents happen. Sometimes, they are the faults of others. Sometimes, they are our own fault.

    Just because an accident happened at a hotel does not mean the hotel has fault in the matter.

  8. #18
    Join Date
    Nov 2008
    Location
    Sussex County, NJ
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    17

    Default Re: Slip and Fall

    Quote Quoting cyjeff
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    I also don't see how this has anything to do with her IEP.

    Accidents happen. Sometimes, they are the faults of others. Sometimes, they are our own fault.

    Just because an accident happened at a hotel does not mean the hotel has fault in the matter.
    Nowhere in any of my posts did I say the situation at the hotel has anything to do with my daughters IEP

  9. #19
    Join Date
    Nov 2008
    Location
    Sussex County, NJ
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    Default Re: Slip and Fall

    Quote Quoting jk
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    if you truly believe there was negligence on the hotels part and believe there is a reason to sue, then yes, contact an attorney. If you have serious doubts, I would write this off as children sometimes get hurt while they are growing up. Given the condition your child, and you along with it, must deal with, a court battle may not be in the best interest of your child. She would be directly involved with any suit you bring against anybody concerning this matter and it may overwhelm her. Only you and her doctors can make that call.

    Not trying to be judgmental here but you sound a bit overly aggressive (protective?) with the lawsuit possibilities. Could simply be because of this forum and the reason folks come here but...

    Look to the best interest of your child. Lawsuits can be a lot of work and bring a lot of attention to the plaintiff (your child essentially). Not that I believe you should avoid a legitimate suit but you do sound a bit aggressive.

    Like I said, not trying to be judgmental, just telling you what I see.
    I was just asking a question....I think most people would ask if there was a possibility of a law suit. If I seem overly aggressive, I may be but really, honestly, not at the hotel. Im very upset with the school on how they handled the situation there and how the care of my daughter was handled. I've taken a lot of crap from the school and the incidents that happen on the trip is just the straw that broke the camels back.

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