Visitor Question

Hotel negligence in not correcting a known danger?

Submitted By: Pablo (Miami, Florida)

I was staying at the Hyatt Hotel in NYC. My forehead was cut by overhead furnishing when I raised to get out of bed. I treated myself with first aid supplied by the hotel – so no direct or immediate medical costs. HOWEVER, the design and placement of sharp corners so close to the head were, and remain an accident waiting to happen.

My business day was certainly compromised by this stressful, bloody and inconvenient start. Photos of injury and dangerous design and location of furnishings are available.

My point is that this incident was entirely due to Hyatt hotel’s negligence: Management offered another room – and here I discovered that the furnishings were identical – but the hazard known; in this other room the hazardous furniture had rubber corner safety mounts that were entirely lacking in my room.

In these circumstances surely Hyatt hotels are liable for negligence as a)hazard known, b)medical damage could have been significant to an eye for example., c) hotel offered a one night discount – not a credible compensation for significant, known dangers, bloody experience, my time, stress and deviation from the business I was in NYC for.

What can I do about this?

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 Pablo,

It appears the type and placement of the bed which caused your injury may have constituted an act of hotel negligence. However there are several considerations:

First: New York and Pure Comparative Negligence

Under New York State’s Comparative Negligence law an injured claimant’s compensation from an at-fault party (such as the Hyatt) may be reduced in proportion to a claimant’s contributory negligence.

For example, if you had been drinking alcohol soon before you hit your head, the court might reduce your compensation according to what the court determines was your contribution to the injury based on your drinking.

To read New York’s Statute on Puree Comparative Negligence see Article 14 Sections 1411 – 1413

Second: Damages

If negligence can be shown, your compensation will be a derivative of your Damages. Damages can include your medical bills, out-of-pocket expenses related to the injury, and lost wages.

Based on the facts, you do not have evidence of significant damages. Without proof of damages, you will be barred from recovery.

Learn more here: Injuries at Hotels and Resorts

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 with your claim,

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