Visitor Question

Child injured after hanging on table inappropriately…

Submitted By: Shannon (Houston, Texas)

While decorating for a birthday party my daughter was hanging on a table at a hotel ballroom (that they rent out). The table flipped over and fell on her fingers. I took her to the ER and they said her fingers were broken.

I wanted to know if I can sue the hotel for my daughter’s injuries? Or because she was hanging from the table nothing can be done, and to just leave it alone?

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 Shannon,

You have a strong case against the hotel. Whether your daughter was hanging on a table or not matters very little. The hotel should take into account the possibility of injuries, especially when they know they are renting the room and the tables out for a children’s birthday party.

You probably don’t have to sue the hotel. There are a couple of steps you will need to take before it gets that far. Be sure to get a copy of the hospital admitting chart, doctors’ reports, medical bills, and any and all other documents related to your daughter’s admission and treatment.

You cam accomplish this by either sending the hospital a letter asking for all of your daughters records, or by stopping by and hand-delivering the letter. Go to your daughter’s pediatrician. Have her examine your daughter. You want to be sure your daughter’s injuries will heal properly and that she isn’t going to need orthopedic surgery.

You want to have the best advice possible. Early bone breaks can sometimes lead to arthritis or other limitations. Ask the doctors for their written diagnosis and prognosis for your daughter’s future.

Next, make copies of any and all receipts for prescription medications, over the counter aids, and any other out-of pocket expenses incurred from the time of your daughter’s injuries. Total those amounts, and attach copies of all of the above documents. Once you have the information, mail or hand-deliver it to the hotel’s management asking them to reimburse you for you that amount.

You can settle for reimbursement for all of the costs, or if you want additional compensation for your daughter’s pain and suffering you can seek the advice of a skilled Personal Injury Attorney. Most will not charge any fee for an initial office consultation.

Knowing your options is very important. Without an Attorney it will be difficult to know what amount to ask for, and just as difficult to get them to agree to pay it.

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: September 12, 2011

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