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  1. #1
    Join Date
    Nov 2008
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    Sussex County, NJ
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    Default Slip and Fall

    My question involves an injury that occurred in the state of: Pennsylvania

    My 17 year old daughter was on a class trip down in Gettysburg, PA. We live in NJ. She has Asperger's syndrome, which is a high functioning austic spectrum disorder. While she was down there, her and a few classmates walked to the pool area. She did not go swimming and after a while became bored and went back to the hotel room. She was running and had slippers with a rubberized sole. She slipped and fell and broke her ankle. Should I consult and attorney regarding this? Thanks in advance....

    Dawn

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Slip and Fall

    is there a reason she slipped and fell?

    You generally cannot sue (successfully) unless there was a negligent act by the property owners.

  3. #3
    Join Date
    Apr 2007
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    Il.(near StL,Mo.)
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    Default Re: Slip and Fall

    Agree, need more details. You said she was running. How/why did she slip & fall?

    Thanks.

  4. #4
    Join Date
    Nov 2008
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    Sussex County, NJ
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    Default Re: Slip and Fall

    She was running on the sidewalk....tripped and fell. She said she is not sure why she tripped and fell, it happened very quickly. She said she waited there until someone came by and they carried her to the teachers room. She went from in the hotel to the car, to the hospital, to the car, to the hotel, to the car and that was when she was picked up by her aunt, my sister. She lives closer to Gettysburg, PA than me so she picked up my daughter and we met half way. Anyhow, she did not see the area afterward, and she really didn't pay too much attention before that. An accident report was filed with the hotel so I am not sure exactly what it states because I never heard from anyone. 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.

  5. #5
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    Jan 2006
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    38,867

    Default Re: Slip and Fall

    She was running on the sidewalk....tripped and fell.
    She said she is not sure why she tripped and fell, it happened very quickly
    To be honest, Im not as concerned about a law suit against the hotel unless negligence was the reason
    you have posted absolutely nothing that may even infer the hotel was negligent in any manner what-so-ever.

    However, if there is a case, I will file a suit. Mine will eventually be after the schools
    and what do you intend on suing the school for? Where is their culpability in this situation?

  6. #6
    Join Date
    Nov 2008
    Location
    Sussex County, NJ
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    17

    Default Re: Slip and Fall

    and what do you intend on suing the school for? Where is their culpability in this situation?[/quote]

    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.

  7. #7
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    Default Re: Slip and Fall

    Quote Quoting dmbott
    View Post

    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.

    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?

  8. #8
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
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    Default Re: Slip and Fall

    Agree, I don't see a case against the hotel - nothing to prove negligance.

  9. #9
    Join Date
    Aug 2007
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    3,835

    Default Re: Slip and Fall

    Quote Quoting dmbott
    View Post
    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.

    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.

  10. #10
    Join Date
    Oct 2006
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    supratentorial region
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    818

    Default Re: Slip and Fall

    Quote Quoting dmbott
    View Post
    and what do you intend on suing the school for? Where is their culpability in this situation?
    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.[/QUOTE]


    How was her IEP violated?

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