Visitor Question

Cut by restroom door at an RV park…

Submitted By: Sherry (Axis, Alabama)

While at a RV campground I was in the guest restroom brushing my hair at the sink, and the door on the middle stall would not stay shut. The lock on the door was wedge shaped and stayed open as well.

I closed the door so I could have room to wash my hands and brush my hair, but when I stepped back away from the sink the door had swung back open. As I brought my arm down to my side the lock on the door caught my forearm and ripped it open.

As a result of this injury I had to rush to the nearest hospital to control the bleeding. The physician put 6 stitches in my arm. I’d like to sue the RV park for the faulty door but I’m not sure what to do. Can I send a letter? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Sherry,

You appear to have a legitimate personal injury claim against the RV campground. It’s important to have the incident documented in writing. Hopefully you contacted the RV campground manager or owner when the injury occurred and a written report was generated. If so, ask for a copy. They may not give it to you, but ask anyway.

Take photographs of the stall door and the surrounding area. Make sure you take enough photographs so whoever looks at them can have the correct perspective to understand how the injury occurred.

Be sure to get copies of your medical records. You’ll need those. At this point the big question seems to be whether or not you will be permanently scarred. Hopefully not, but if your doctors tell you that is the case, your personal injury claim against the campground will be substantially strengthened.

At a minimum, if there won’t be any scarring you have a right to be compensated for your medical bills, out of pocket expenses such as prescription and over the counter medications, for any wages you may lose while treating and recovering, and an additional amount for your pain and suffering.

Ask the campground management for the name of their insurance company. Tell them you want to file a claim. If the campground has any business sense they’ll give you the information. That’s what insurance is for.

At this point you don’t have to sue anyone. Your claim may be handled civilly with the insurance company. If there won’t be any permanent effects from the injury you can probably negotiate your own settlement.

If you run into any problems you can always consult with a personal injury attorney. Most won’t charge for an initial office consultation.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 12, 2013

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