Personal Injury Case Analysis: Is there a Duty to Insure the Safety of a Business Invitee on the Premises?

Attorney Nathaniel Hubley 


Booher v. Sheeram, LLC
937 N.E.2d 39 (Ind. Ct. App. 2010)

Facts: Before April of 2004, Hampton Inn had received complaints that the bathtubs in its guest rooms were slippery.  It thus contracted with Perma Safety to coat the bathtubs with a non-skid surface which complied with industry safety standards.  Booher was a guest at Hampton Inn subsequent to the coating of the bathtubs, but she still slipped and fell in a bathtub in her guest room and sustained injuries.  Booher filed suit against Hampton Inn, claiming that it was negligent in the maintenance of the bathtub.  Hampton then filed a motion for summary judgment and the trial court than granted Hampton Inn’s motion for summary judgment.
  
Issue:  Did the trial court err in granting summary judgment to Hampton Inn on the issue of duty to its business invitees?

Holding:  No.  While a hotel guest is a business invitee of the hotel owner, there is no duty to insure a business invitee’s safety while on the premises.  The evidence presented in the designation of materials showed that the bathtubs were covered pursuant to regulations, and that once Hampton Inn learned of the problem, they immediately retained an expert to fix the problem.  Thus, the trial court’s granting of summary judgment for Hampton Inn was proper in this case.

This case highlights the importance of designating sufficient evidence to support your claim for personal injuries. Here, there was an underlying procedural issue. Plaintiff's counsel failed to file a motion for extension of time and as a result Plaintiff's motion for summary judgment and designated materials were stricken. As a plaintiff's counsel, it is vital that all procedural issues are addressed.

Nathaniel Hubley is a Fort Wayne, Indiana personal injury attorney. 

 

Location: Indiana, USA

Comments

Post a Comment

Popular posts from this blog

Recent changes to the Indiana Worker's Compensation Board's policy regarding nurse case managers

Image
In some worker's compensation claims it is not uncommon for the worker's compensation insurance company to retain a nurse case manager to oversee the injured worker's medical treatment. Essentially, a nurse case manager acts as the worker's compensation insurance company's claim adjuster's eyes and ears on the ground. On April 17, 2018, the Indiana Worker's Compensation Board issued an update regarding its nurse case manager guidelines . According to the Indiana Worker's Compensation Board, "ideally, a nurse case manager is a liaison among the medical provider, the employer and the injured worker.  While not an indispensable player in the Indiana worker’s compensation process or specifically governed by the Worker’s Compensation Act, the nurse case manager can play an integral role in the coordination of medical treatment and the stay-at-work/return-to-work process." In its updated guidelines, the Indiana Worker's Compensation Lawyer
Read more
Image
In the 2011-2012 Session of the Indiana General Assembly, Public Law 69-2012 was passed allowing D felons to reduce their past mistakes and have them entered as Class A Misdemeanors.  ( See  new I.C. s 35-50-2-7). In order to reduce a Class D Felony conviction and have it entered as a Class A Misdemeanor: 1.  The offense cannot be of a sexual or violent nature (as defined in I.C. 11-8-8-5); 2.  The offense did not result in bodily injury to another person; 3.  The offense did not involve perjury or official misconduct. 4.  At least three (3) years must have passed since the sentence was completed (if any); 5.  At least three (3) years must have passed since any other obligations were satisfied; and 6.  The defendant has no pending criminal charges. If you meet these criteria and would like to have your Class D Felony conviction reduced to a Class A Misdemeanor in Indiana    Attorney Fort Wayne Indiana .  
Read more

The Four Stages of the Social Security Disability Process

Image
When filing for Social Security Disability benefits, it is important to know what you are dealing with and how the disability process works. Specifically, there are four stages in the disability process. The first stage involves filing an application for Social Security Disability benefits, completing the initial interview at the Field Office, undergoing the medical evaluation, and receiving a decision from Social Security regarding your application. If Social Security denies the application, then you will receive a letter indicating as such and informing you of your rights to appeal the denial decision. When you appeal the denial, the Field Office will review the medical evidence and evidence in the record and either confirm or reverse its decision. If Social Security confirms the decision, it will send a letter to that affect and inform you of your rights to appeal to the Hearing Office for a hearing in front of an Administrative Law Judge. The first two stages are conducted by
Read more