Can you sue a hotel for a slip and fall at the pool? The Court of Appeals in Georgia recently issued an opinion in a slip and fall lawsuit against a hotel that sheds some light on what facts support a valid lawsuit against the hotel.
According to the court’s opinion, the plaintiff suffered serious injuries after falling on a wet sidewalk near the hotel’s pool. Evidently, on the evening of the incident, the woman and her grandchildren were leaving the pool when she noticed that the hotel’s sidewalk was shiny and looked “slick.” Her grandson was walking in front of her, still wet from the pool, and she warned him to slow down. However, shortly after warning her grandson, she slipped on the wet sidewalk and fell.
The heart of the claim for why the hotel was responsible and not the grandma is that the paint on the sidewalk had deteriorated to the point that it no longer had “grip” and was slippery instead. In support of her claim, the plaintiff presented an expert witness affidavit, stating that, in the expert’s opinion, the hotel failed to maintain the sidewalk in a safe condition. The affidavit indicated that the deteriorating sidewalk paint was hazardous, especially when it became wet.