Injured toe on door stopper...

by Corin
(Crystal Lake, IL)

Last month I was at the Marriot Hotel in New Orleans for a few days. I severely injured my toe when I didn't see the door stopper on the floor by the closet door. I walked right into it barefoot and I believe I broke my toe. Needless to say it put a damper on my stay.

Now the hotel does not want to take responsibility. They did offer to send me to the hospital, but I didn't want to spend hours for a non-life threatening injury. They said it's not their fault I walked into the door stopper. They said since no one else got injured from the door stopper that they can't offer me anything.

Is this true? Is the hotel not liable at all? Should I get a lawyer? Is there any other way I can get medical treatment covered for my injury? Thank you.

Visitor Question:
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ANSWER for "Injured toe on door stopper...":

Corin (Crystal Lake, IL):

The legal doctrine related to hotel liability is referred to as "premises liability." Under Illinois law, Section 740 ILCS 130, a hotel has a legal duty to do everything reasonably possible to make sure guests are not unduly harmed. To quote Section 2 of the statute:

"The duty owed to such entrants is that of reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them."

Most hotels have door stoppers, whether at the front door, closet doors, or both. It's safe to say door stoppers have been in hotel rooms for many, many years. It is rare for a guest to be injured in a hotel by a door stopper. Door stoppers are installed in hotel rooms to assist guests when wanting to keep a door open or closed.

It's safe to say thousands of guests at hotels each day are not injured by door stoppers. To meet your burden of proof will require you to show the door stopper was installed in a negligent manner.

If you can prove negligence, and as a result of that negligence you suffered the toe injury, you may have a viable claim for reimbursement of your medical bills, out-of-pocket expenses, lost wages, and for your pain and suffering.

Unfortunately, it is unlikely a court will find the door stopper was installed in a negligent manner, or that it was defective. Moreover, because of the weakness of your case, it is very unlikely you won't be able to find any attorney to accept your case. Nonetheless, it's worth speaking with an attorney to review the facts of your case.

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

Best of luck,

Judge Calisi

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MEDICAL ERROR
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