Sarasota Hotel Sued After Patron Falls from Ramp
A New Jersey couple has recently filed a premises liability lawsuit against a Sarasota hotel for negligence due to an accidental fall that caused serious injury in May of 2021. According to the lawsuit, the couple were guests at the hotel when they entered the patio area to have breakfast. As the wife stepped onto the patio area, she alleges she stepped from a level-tiled floor onto a handicap ramp and fell, causing a fracture to her left shoulder.
The lawsuit claims that the ramp design was intrinsically dangerous. It was designed a few inches below the floor level and made of the same colored tiles as the floor. Further, it didn’t include a handrail or barrier to separate the floor from the ramp, which is a violation of the Florida Building Code. The lawsuit claims that the ramp violated four sections of the Florida Building Code, including having handrails on ramps with a rise greater than 6 inches and having edge protection on each side of a ramp and its landings.
In other words, the lawsuit claims that the design of the ramp was negligent and violated state law on building codes. The hotel has been named in the lawsuit alongside the company that built the ramp.
Elements of negligence
According to the plaintiff’s 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 fall risk.
Due to this alleged negligence, the plaintiff sustained severe injuries, “suffered incapacity, permanent impairment, scarring and disfigurement, loss of significant bodily function, loss of the capacity for the enjoyment of life, pain and suffering, and incurred medical expenses and will incur more in the future.”
Proprietors owe the highest duty of care to the public when it comes to keeping their premises safe from dangerous conditions. If a member of the public is injured due to a dangerous condition on the property, they can file a lawsuit against the property owner or manager to recover damages related to their medical expenses, lost wages, and reduced quality of life.
In this case, you have a defective ramp that is being blamed for an injury to a guest at a hotel. The plaintiff tripped and fell on the ramp and proceeded to file a personal injury lawsuit against the hotel and other named defendants who contributed liability to the incident.
The most important allegation that the plaintiffs are making is that the ramp violates Florida Building Code regulations and is, therefore, illegal. Had the ramp been legal, the plaintiff likely would not have sustained injury as a result of her fall.
The hotel has denied all claims of negligence related to the incident.
Talk to a Tampa, FL Premises Liability Lawyer Today
Have you been injured due to a dangerous condition on premises? If so, call the Tampa personal injury lawyers at Florin Gray today to schedule an appointment, and we can begin investigating your case immediately.
Source:
heraldtribune.com/story/news/courts/2024/07/17/sarasotas-art-ovation-hotel-sued-by-patron-for-accidental-fall/74423717007/