Sarasota Hotel Sued After Guest Falls from Hotel Ramp
Sarasota Art Ovation Hotel is being sued for negligence by a former guest who fell off a ramp. The negligence lawsuit against the hotel is scheduled for trial in October, but a July 1st filing indicates that a mediation is scheduled for mid-September.
The couple suing Art Ovation is from New Jersey. According to their personal injury lawsuit, the couple were guests at the hotel when they entered the patio area to enjoy breakfast. As the wife stepped onto the patio area, it’s alleged she stepped from a level tiled floor onto a handicap ramp and fell fracturing her left shoulder.
The lawsuit contends that the design of the ramp – which was designed a few inches below the floor level, made of the same color tiles as the floor, and didn’t include a handrail or barrier to separate the floor from the ramp – is a violation of the Florida building code. The lawsuit contends it’s a violation of four sections of the Florida Building Code which requires ramps to have handrails with a rise greater than 6 inches and having edge protection on each side of a ramp and its landings.
“The design and construction of the floor and adjacent ramp were negligent and careless and posed a danger to guests in the hotel including Plaintiff,” the lawsuit claims.
According to the lawsuit, the hotel breached its duty of care to maintain its common areas including the patio area in a reasonably safe condition and free from hazards and dangers that could pose a risk of falling. Due to the hotel’s alleged negligence, the plaintiff was injured, “suffered incapacity, permanent impairment, scarring and disfigurement, loss of significant bodily function, loss of the capacity for the enjoyment of life, pain and suffering, incurred medical expenses and will incur more in the future,” the lawsuit states.
In light of the cited facts, the couple filed a lawsuit in June 2022 for an amount that exceeds $50,000 according to court documents. The hotel owners have filed a response to the lawsuit. They deny each and every allegation made against them in a July 2022 court filing.
The couple’s attorney filed another amended complaint almost a year later against 2 entities that were responsible for constructing the ramp. The amended complaint indicates that the two companies were responsible for building portions of the hotel and were responsible for the construction of the aforementioned ramp.
Ultimately a jury will decide whether or not the ramp was negligently designed. The plaintiffs believe the ramp violates sections of Florida’s building code. They contest that the ramp was intrinsically defective and directly led to the plaintiff’s injuries.
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Source:
heraldtribune.com/story/news/courts/2024/07/17/sarasotas-art-ovation-hotel-sued-by-patron-for-accidental-fall/74423717007/
