When you stay at a hotel or Air BNB, it is easy to forget that there are many activities we take for granted at home. For example, you know that taking a shower in your house is safe because you have installed glass doors or proper-length shower curtains to keep the water inside the shower or tub. So when you use the shower in a hotel or Air BNB, you assume that the proper care was also taken to ensure the safe use of that shower. However, that is not always the case.
In many hotels and some Air BNB rentals, the shower curtain rod is a flimsy piece of metal or plastic held in place by the least expensive spring possible. The idea is a small amount of grip to hold the rod and curtain in position. However, the spring can wear, and guests can stress it more than the manufacturer might have expected. The result is a shower rod often falling or slipping, which annoys the guest. Sadly, many people will reinstall the cheap rod far above where it was intended to be placed. So if it slips down, they can still access the shower without the need to do a limbo dance. But while solving one issue, they created another.
The shower curtain is too short, and water splashes all over the floor. The person who moved the curtain rod might be aware of the complication and be extra careful. But the next person in the room might not be as observant or cautious. And when water soaks the floor, they could suffer a significant fall and severe injuries. If you have suffered a fall due to a short shower curtain at a hotel or Air BNB, please get in touch with the expert slip and fall injury attorneys at DTLA Law Group. We offer a free consultation to evaluate the merit of your case and advise you to move forward with a lawsuit, if applicable, to secure compensation for your injuries and losses.
How Is A Property Owner Responsible For A Shower Curtain Issue?
You could be thinking that the length of a shower curtain or how it hangs in a shower in a hotel or Air BNB is a very minor detail. And holding a property owner responsible for this minute detail is unreasonable. However, this simple piece of fabric or plastic serves a vital function. It ensures that water remains in the shower and does not create a slippery floor.
Under premises liability, an aspect of the legal system that defines a property owner’s responsibility to guests, the owner is obligated to provide a safe and hazard-free property. If the owner fails to provide a safe hotel room or Air BNB to renters, they are in breach of their duty of care and are considered negligent in their duty. For example, in the case of a short shower curtain, or one that is damaged, it is the property owner’s responsibility to repair or replace it. Or, at the very least, make renters aware of the issue so they can take added precautions to place towels on the floor and expect a potentially wet surface when stepping out of the shower.
It is not enough to simply claim that the shower curtain was too short and failed to keep the shower water in the tub. Instead, your DTLA Law Group slip and fall injury lawyer will need to prove the owner’s negligence by showing that:
- The property owner or hotel management caused the defect in the shower curtain, for example, by installing the rod too high
- The property owner or hotel management knew about the shower curtain being too short but did not correct it or warn guests of the hazard
- The hotel manager or property owner was unaware of the shower curtain being too short because they failed to inspect the property and check the area carefully enough to notice the problem
You are now thinking that no hotel manager or owner of an Air BNB cleans the shower after each guest leaves, which could be very true. However, anyone who works for the hotel manager or the Air BNB owner is working on behalf of the management and should take action to prevent hazards. If they do not, the owner or manager is liable and can face a lawsuit for their negligence or staff negligence.
The Potential Injuries From A Slip And Fall Shower Incident
Sadly, slip and fall accidents in bathrooms, specifically in showers and bathtubs, tend to result in significant injuries. In most cases, the floor space is minimal, and the area is filled with large items like the tub, shower, and vanity counter that can cause severe injuries if you fall on or into them. Even a slight loss of balance when exiting the shower or tub can result in:
- A concussion
- Traumatic brain injury
- Brain bleed
- Cracked skull
- Spinal cord damage
- Shattered vertebrae
- Internal organ damage
- Internal bleeding
- Broken bones
- Dislocated joints
- Facial injuries
- Puncture injuries
- Soft tissue damage
- Nerve damage
While all these injuries sound painful and severe, it is crucial to understand that many can lead to fatalities if not treated quickly by medical professionals. If you have suffered a slip and fall injury at a hotel or Air BNB due to a short shower curtain, seek immediate medical care. A comprehensive evaluation is vital to ensure that you have no hidden injuries that could be life-altering or life-threatening.
What To Do Next
After you have seen a doctor and been cleared to return to the hotel or Air BNB, it is time to gather the information that will be beneficial if you move forward with a lawsuit. The medical team should have documented your injuries, including images. Be sure to get a copy of all information regarding your injuries. Also, take photos of the shower and the short shower curtain. Running the water to show it leaking on the floor can be helpful if someone can safely assist you in recreating the wet, slippery floor. Keep all documents from your hotel or Air BNB stay, including any accident reports completed by you, the staff, or other guests who might have come to your aid. Finally, contact DTLA Law Group to learn more about how our skilled experts can help you secure the compensation you deserve for your injuries, medical bills, and other losses from the slip and fall exiting the shower.
The Slip And Fall Statute Of Limitations
In California, injury victims have two years from the date of the incident to file a claim for injuries suffered at a hotel or Air BNB under premises liability. However, you need to understand that the sooner you contact DTLA, the faster we can gather evidence and documentation to support your claim. In addition, in many cases, hotel staff leaves their job or management changes before a lawsuit is filed, and it can be much more challenging to complete the process. So seek legal help sooner rather than later to avoid unnecessary challenges and a longer time to complete the settlement process.
With that in mind, there is no predetermined time to complete a slip and fall injury lawsuit. However, the team at DTLA Law Group pledges to work diligently to keep your case moving as rapidly as possible. We understand that you want to secure a settlement and begin to put this experience behind you. And we are eager to offer our expertise in getting you the full and fair compensation you deserve for your injuries, losses, pain, and suffering.
The Value Of Your Settlement
The value of any lawsuit settlement is based on information specific to that case. You will be able to request compensation for:
- Your medical bills
- Lost wages
- Legal expenses
- Pain and suffering.
Your legal team will help you understand what items qualify as expenses and how to gather the information needed to ensure you are paid for all your damages.
We Work For You For Free
Are you wondering if our pros really work for free? It is a fact. We never charge our clients until we complete our job and secure a settlement. So you pay us nothing out of pocket. We only get paid once you have the settlement money, which includes the amount of our fees. And if we don’t win, you owe us nothing.
If you have been turned away by another law firm, be sure to get in touch with our office immediately. We provide a free second opinion of any case to determine its merit. And if we believe we can win you a settlement, we move forward with only your approval. You owe us nothing until we win the compensation you deserve. Our goal is to see that justice is served for any slip and fall injury victim regardless of the size and perceived power of the negligent property owner and their legal team.