A 71-year-old woman is suing a California hotel for negligence after a fall in the shower left her with severe injuries. Marita Benedicto filed the complaint against Campbell Hospitality, LLC, doing business as The Bristol Hotel, on August 19, 2024, in the Superior Court of California, County of Santa Clara.
According to the complaint, Benedicto was a paying guest at The Bristol Hotel on March 5, 2023. She alleges that while using the shower/tub facilities in her room, she slipped and fell due to a combination of worn safety strips and an unidentified slippery substance on the tub floor. The lawsuit claims that there were no grab bars or handles within reach to prevent her fall. As a result of the incident, Benedicto suffered significant injuries including a fractured femur which required surgery.
Benedicto's legal team argues that Campbell Hospitality failed to maintain safe conditions at their property. "The lack of a grab bar or handlebar, the old/worn safety strips and/or the presence of a non-visible slippery substance singularly, or in combination, increased the risk of harm," states the complaint. It further alleges that hotel staff took an excessive amount of time—25 to 30 minutes—to respond to Benedicto's cries for help after she fell.
The plaintiff contends that Campbell Hospitality neglected its duty under Civil Code Section 1714 to ensure safe premises for guests. The lawsuit cites historical legal precedents requiring innkeepers to maintain their properties in reasonably safe conditions and asserts that Campbell Hospitality failed this standard by not properly inspecting and maintaining the shower/tub area.
Benedicto is seeking compensatory damages for bodily injury, emotional distress, medical expenses both past and future, as well as other associated costs. She also requests special damages according to proof presented at trial along with pre-and post-judgment interest and costs of suit.
Representing Benedicto are attorneys Arasto Farsad and Nancy Weng from Farsad Law Office P.C., along with Frank S. Moore from Law Offices of Frank S. Moore APC. The case has been assigned Case No.: 24CV445483 and will be reviewed by Judge L. Ayala.