$197,500 Settlement for Slip and Fall at Hotel (Broken Arm)
Justin Ziegler, Lawyer
Actual x-ray from my client’s case
Here, you’ll hear how I was able to get a $197,500 settlement for a guest who slipped and fell in a hotel bathtub. You’ll also hear how I was able to get this high settlement without the expense and cost of a lawsuit.
Regina was a Unit Clerk at the VA Hospital in Texas. She had planned her vacation in advance along with two other couples to celebrate their wedding anniversaries.
The wives would also accompany their husbands to a preaching assignment event for pastors taking place in the city.
On August 2, 2013, Regina (not real name) checked into the Courtyard Marriott Hotel in Pensacola, Florida.
The actual bathtub where she slipped and fell.
That same night, she stepped into a bathtub. While doing so, Regina slipped and fell. As a result, she broke her arm (humerus). We claimed that the bathtub did not have an anti-slip texture designed to prevent guests from falling.
Proving That the Hotel Was Careless
Travelers Insurance Company insured the hotel. I told the hotel’s insurance company that the hotel was 100% at fault.
She was celebrating a wedding anniversary after being married for many years. She claimed that on that night, she had finished unpacking and was about to take a shower to get ready for dinner.
As she stepped into the tub her foot suddenly slipped causing her body to spin and strike the hard surface of the tub. In a failed attempt to break the fall, she tried reaching for the handrail, but was unable to stop from falling.
She claimed that the tub surface was very smooth and as slippery as ice. The tub did not have an anti-slip surface or mat to prevent her from slipping.
She fell hard and was immediately in a lot of pain. She could not move her arm. Just minutes before, her husband had gone to the lobby.
She was alone, and began panicking and started screaming out for help. Her hope was that someone passing by her door would hear her and come to her aid.
No help came for another 45 minutes, until a security guard heard her cries. He called the front desk.
Her husband also returned to the room and tried in vain to help her up, but he claimed that the tub surface was too slippery. She could not move.
Shortly after her fall, Regina filled out a form on my website to Get a Free Consultation with me. She wanted to know if I could represent her. In particular, she wanted to hire an attorney who had several settlements for shoulder surgeries. I’m proud to say that I have.
But that was not it. She wanted to hire a lawyer who had several slip and fall settlements. I have. After we spoke on the phone, she hired me. And off too work I went.
Her physical therapist noted that Regina’s range of motion was severely limited on her shoulder and other body parts.
She also claimed that the fall aggravated her pre-existing shoulder injury.
An orthopedic doctor examined her about 5 months after the fall. She was experiencing stiffness and pain in her right shoulder, which limited her day-to-day activities.
In addition, she had trouble sleeping at night and the pain was aggravated by movement.
She Had Pre-Existing Arthritis in Her Shoulder
Although she already had arthritis in her shoulder, she said it never bothered her to the same extent as it did after her fall.
The exam of her shoulder showed diffuse tenderness along the glenohumeral capsule with reduced range of motion. X-rays showed calcific tendinitis of the rotator cuff.
The orthopedic doctor diagnosed her with adhesive capsulitis of the right shoulder and gave her a steroid injection.
She Has a Manipulation Under Anesthesia
About 7 months after her fall, she had a right shoulder manipulation under anesthesia (“MUA”) and intra-articular corticosteroid injection of the right shoulder joint.
Her orthopedic doctor noted that despite extensive therapy, activity modification and corticosteroid injections, her mobility had not improved, she was limited in her activities and had persistent right shoulder pain with stiffness.
Ten months after her fall, her physical therapist noted that she still had a feeling of stiffness in her shoulder.
She Had a Shoulder Surgery
Images taken during shoulder surgery
About 10 months after her fall, she had second surgery. Specifically, she had a:
an arthroscopic subacromial decompression
distal clavicle excision labral debridement
The above photos were taken during the surgery. After that surgery, she had more physical therapy.
Travelers Argued that the Shoulder Surgery May Be Unrelated to Her Fall
Travelers Insurance Company insured the hotel. At first, Travelers assigned adjuster Kim Wise to the claim. Later, James (Jim) Papit handled the claim for Traveler. Jim had a calm dimeanor and was overall easy to work with.
Travelers argued that the shoulder injury may not have been aggravated by the fall.
However, I sent a thorough settlement demand package to Travelers Insurance Company.
We Reached a $197,500 Settlement with Travelers
On August 16, 2016, I sent Travelers Insurance Company the signed settlement release. On August 29, 2016, Travelers sent me a settlement check for $197,500 to settle the case.
