Do I have a valid personal injury case?

by Angela
(San Deigo, CA)

I was at a hotel in the bathroom. It was an automatic toilet and the flush did not work so I tried to push the button. It was broken but there were no signs indicating it was broken. My finger went through the whole and got stuck.

Security tried pulling my finger out using lotion and WD-40 which did not work and was extremely painful. Then finally they got maintenance to take apart the device on the wall to cut my finger loose. They whole situation was embarrassing and extremely painful. I'm wondering if I have any kind of a personal injury case against the hotel?

ANSWER for "Do I have a valid personal injury case?":

Angela (San Diego, CA):

If there was a law which provided compensation for embarrassment you would certainly be at the front of the line. No one should be made to suffer the indignity you endured.

Regrettably, after researching as many California Statutes as we could find we were unable to find any which provided compensation for embarrassment and indignity.

You do have a claim for the pain you suffered, but unless you required hospitalization, or the pain caused you to spend any significant amount on doctors' bills, your claim may not be legally sufficient.

You might consider getting a copy of the Incident Report from the hotel. With the Incident Report in hand compose a letter to the Hotel’s Corporate Offices. Send the letter Certified, Return Receipt Requested. Although it is unlikely, if you or any other person took photographs, enclose them in the letter as well.

Explain to them what happened, the amount of time you were in pain, and the sheer embarrassment and indignity the whole affair caused you. It's unlikely they'll send you any money. At a minimum you will hopefully receive a letter of apology.

If the Hotel Corporate Office wants to be fair, they might “comp” you some rooms in the future. Certainly having some form of compensation for your injuries and embarrassment is better than none.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.

Best of luck,

Law Guy

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