Slip and fall or trip and fall cases are fact specific and depend largely on the facts of the individual case. What is deemed to be negligent in one case may be held to be reasonable in another. Proper and prompt investigation is one of the most critical factors in any slip and fall or trip and fall case.
Pennsylvania’s Most Recent Trip and Fall Hotel Accident Case: Perasso v. Caesar’s Cove Haven
Perasso v. Caesar’s Cove Haven is a June 2012 Pennsylvania federal court case which held in favor of the plaintiff, a hotel guest, who tripped over a stair in her dark hotel room. The court denied the hotel’s motion for summary judgment, which would have effectively ended the case. The case demonstrates the fall down accident principle that hotels must resolve or otherwise warn of dangerous conditions on its premises, even in a hotel room.
In the case, the hotel guest had just checked into the hotel and had literally opened the door to her room, which was windowless and completely dark. As she tried to find the light switch, she tripped over a stair between two levels near the hotel room door.
The hotel denied liability and argued that the uneven stair was an open and obvious danger. The court disagreed, finding that because the windowless room was completely dark, no reasonable person would have been able to figure out that there was a stair between two levels near the hotel room door.
Pennsylvania Hotel Fall Down Accident Law
This case falls in line with Pennsylvania slip and fall law, which holds that businesses, such as hotels, are liable for dangerous conditions that are not reasonably obvious and discoverable by the guest/customer. This case holds that a dangerous condition, like an uneven walk area hidden by darkness, will be enough to hold a business liable in a trip and fall or slip and fall case. The main point is that any condition which is not immediately discoverable by the guest/customer is likely to subject the business to liability. This principle extends to other dangerous conditions, such as slippery conditions due to water/fluid or walkway conditions hidden by debris. Click here to read an important tip for those injured in hotel accidents in Pennsylvania.
Related Pennsylvania Slip and Fall Legal Articles:
- Philadelphia Hotel Slip and Fall Law – The Importance of Proper Investigation
- Philadelphia Hotel Guests – Beware of Slip and Fall Hazards
- Philadelphia Hotel, Bar & Restaurant Liability for Slip and Fall, Trip and Fall or Fall Down Accidents
Free Consultations by Our Philadelphia Pennsylvania Hotel Accident & Liability Lawyers
The law firm of Laffey, Bucci & Kent has helped many slip and fall and trip and fall accident victims. The firm offers a FREE, INITIAL consultation. Contact our Philadelphia, Pennsylvania and New Jersey slip and fall lawyers. Click To Call. Our lawyers can obtain special admission in other states, such as New York or Delaware, on a case by case basis.
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