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Brandon, Esq.
Brandon, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 1783
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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Personal Injury Question: I am a resident of VA and fell while

Customer Question

Personal Injury Question: I am a resident of VA and fell while on vacation in CA. I was at a Hilton Hotel and fell out of the shower and landed face first against the toilet. Their insurance company said they would pay anything up to $5000 AFTER my medical insurance paid for medical damages. So far I have had $15,000 worth of dentistry done and I am still in pain. Apparently I have permanently damaged the nerves in my nasal spine and I will be in pain for the rest of my life from this fall. The accident was in Oct 2011 and I just had my last surgery for it a couple of months ago and last dr visit last week. Can I sue the Hilton? I have all the pics of the tub and the bathroom and of me. They did not have enough slip resisters in the tub, thus causing my fall. Thank you for any info and help you provide.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Brandon, Esq. replied 1 year ago.

PI-Expert :

Hello and thank you for your question

PI-Expert :

Are you online with me?

PI-Expert :

Welcome to the chat

Customer:

Yes

PI-Expert :

The simple question is that yes, you can absolutely sue the Hilton.

Customer:

Do I find a Virginia lawyer or a CA lawyer?

Customer:

Do you think it will be worth while?

PI-Expert :

There are two types of coverage under their poicy here. The medical payments portion of the coverage, and the general liability portion of the coverage. The medical payments portion is a no fault portion likely up to $5,000

PI-Expert :

I do think it would be worth looking into

PI-Expert :

You will want a California lawyer

Customer:

Excellent. Thank you:)

PI-Expert :

There are many attorneys who would do this, however, the terms of service do not let us point you to any one lawyer in particular. That being said, if you decide to hire an attorney, a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys prior to selecting the one you feel most comfortable with.

PI-Expert :

An attorney would take your case on contingency, which means that you would owe nothing out of pocket.

PI-Expert :

Does this fully answer your question today?

Customer:

Yes, thank you VERY much.

PI-Expert :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

PI-Expert :

Have a wonderful rest of your day

Customer:

It will be my pleasure. I hope you are right. I have suffered greatly.

Brandon, Esq., Attorney
Satisfied Customers: 1783
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 7 other Personal Injury Law Specialists are ready to help you
Customer: replied 1 year ago.


Just to let you know, you were 100% wrong. I spoke with one atty and contacted Johnny Cochron's CA office. They responded back with a letter. I couldn't sue the Hilton because there is no law requiring them to have slip resisters in their bathtubs and I fell in their bathtub. Sometimes life sucks.

Expert:  Brandon, Esq. replied 1 year ago.
While there is no law requiring them to have slip resisters, there is a law of negligence. Thus, while the Johnny Cochron firm did not want to take your case, this does not mean that another lawyer would not be eager to get involved. To be legally responsible for the injuries, the owner of the premises must have known of the dangerous conditions, but done nothing about it. This can either be because a reasonable person taking care of the property would have discovered the dangerous condition, and done something about it, or it could have been because someone else hurt themselves in the same way.

In determining a property owner's reasonableness, the law concentrates on whether the owner makes regular and thorough efforts to keep the property safe. So, if they clean the shower with a slippery substance they could be liable. If they fail to have anything to prevent slipping, they could be liable. There are a number of theories of liability. That being said, any attorney, such as Johnny Chochron, or Gary Dordick will not take this kind of case because the damages are to low due to the theory of contributory negligence. You will want to call a few lesser well known attorneys if you are looking to find someone. If you have called ten attorneys and you still can't find someone to help you, tell me, and I will try to find someone for you.
Customer: replied 1 year ago.

I spoke with an atty weeks ago and he told me the same thing. He said he actually just went thru this with someone else and it does not hold up in court. He sounds like he is about 30 but is actually 74 ( don't know if that matters other than he's got lots of experience). Here's his info if you want to call him. I don't know what else to do.




















Nelson & Natale, LLP
Practice Areas:Personal Injury
Office:Los Angeles, California (Los Angeles Co.)



XXX-XXX-XXXX

Expert:  Brandon, Esq. replied 1 year ago.
Try giving this person a call.

http://www.avvo.com/attorneys/90024-ca-dawn-smalberg-1382192.html

Tell me how it goes.
Customer: replied 11 months ago.


FYI - your atty, Dawy Smalberg, never called back. I also spoke with another atty in the same area and he didn't call back either. The funny thing is that I just stayed at another Hilton Garden Inn, in NJ, and their tub slip resisters were MUCH better placed than the ones in the CA Hilton Garden Inn. I took pics to compare the two different locations. It just amazes me that no one wants this case. I think they are idiots but if it were worth while, they would have jumped at the opportunity. Oh well, such is my life. Thank you anyway. Emily Shuhala

Expert:  Brandon, Esq. replied 11 months ago.
I am terribly sorry to hear that Emily. While proving a negligence claim like this is not easy, a failure to have any form of slip resistant material at all creates enough of an argument for a cause of action. I will try to check in with you in a week to see if one of those attorneys calls you back.
Customer: replied 10 months ago.


It seems that no one agrees with you or I. Apparently the law doesn't state that slip resisters are required in hotel showers or tubs. I totally disagree with that but my opinion doesnt count for squat. Not one lawyer has ever contacted me back. That's $16K of dental work and a lot of pain and suffering that's literally gone down the drain.

Expert:  Brandon, Esq. replied 10 months ago.
The law does not state that there must be slip resisters, however, it does state that if the hotel knew or should have known of a dangerous condition, they could be liable for negligence.

I am terribly sorry to hear that no lawyers have called you back. If multiple lawyers were denying you (non big name firms) then that would be one thing. If, however, they are simply not calling you back, you may want to consider making a few more calls. I know that Dawn has had to terminate her most recent secretary, so if she never called you back, it is possible that she never got the message.
Customer: replied 10 months ago.

Dawn finally returned my call. She was very nice, but not interested in my case. It's just not strong enough to make it worth while. I am not happy but also not surprised. Just seems to be my luck. As I told her, I walked into a hospital for some back surgery and woke up paralyzed. I was never supposed to walk again, blah, blah. I walk funny but at least I walk and use a walker, but no one would take my case. VA is too conservative. 3 dr's told me to go after the dr but no lawyer would take it so nothing surprises me anymore. Anyway, thank you for all of your efforts. I wish you well. Emily

Expert:  Brandon, Esq. replied 10 months ago.
I am terribly sorry to hear that Emily. I wish you all the best.

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