Personal Injury Law (Accidents/Slip & Fall)/Injured while staying at hotel

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Question
ankle
ankle  

bed frame
bed frame  
Hello,

I am staying at a 4 star hotel in Nebraska. I injured myself 2 days ago. I woke up at 3:00 am, got up, used the bathroom and when I returned to bed, I hit my ankle in a piece of metal that its part of the metal frame of the bed. It comes out about

Answer
The legal issue is whether the hotel created, knew or or SHOULD HAVE KNOWN OF a dangerous condition that was foreseeable to cause injury to a guest. Not seeing the offending bed frame well enough, I can't answer that question so you try.  Consider this: let's say you stub your toe on the table leg in the room.  Even if you broke that toe and it fell off........in other words a serious injury, you wouldn't blame the hotel, right?  So, is this bed frame situation any different? Maybe it is. Maybe the frame was broken or deformed somehow and that is why this happened. Or maybe the maids moved the mattress/boxsprings so that they weren't sitting correctly on the frame and that is why the frame was sticking out.  Or..........maybe you yourself dislodged the box spring from its proper place and this was the cause.  I obviously don't know the answers to these things.  I see that the ankle is quite swollen.  Have you seen a doctor to examine for any internal damage?  My advice would be as follows:  Show the photo or the ankle itself to the management.  Have them come to the room to see what happened.  Tell them you will be seeking medical care and will let them know when you know the full extent of the injury.  In other words, see that they open a claim file.  Of course if you will be leaving the area there is not much you can do about it. You aren't going to travel back to NE to go to Small Claims Ct. and you would have no case anyhow based upon that photo. It  doesn't show anything to me like an obvious hazard that the maids should have corrected.  Unless you have better evidence of negligence, I as the Small Claims Judge would view it like the stubbed toe on the table leg; that is, the guest's own fault. And I can assure you that no lawyer will be interested in the case.  Probably the best you can do is negotiate this:  they pay any out of pocket medical costs that you incur and maybe comp a couple nights at the hotel at a later day.  

Personal Injury Law (Accidents/Slip & Fall)

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Glenn A. Dorfman

Expertise

Thirty-two years experience in personal injury, medical malpractice, medical product liability law and class actions. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation. Actively involved and fully experienced in litigation regarding recalled hip implants as well as the Mirena IUD.

Experience

Hundreds of satisfied clients in previous litigation

Organizations
California State Bar Association in good standing since 1976. Federal District Court

Education/Credentials
Jurisx Doctor degree 1976

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