QUESTION

Can my 6 year old get compensation for a hotel injury?

Asked on Dec 29th, 2011 on Personal Injury - Montana
More details to this question:
We stayed at a hotel. My son got shocked and burned on his fingertip from a table lamp on/off switch. The hotel said the fuse box had a burn out. So that might have caused it. The insurance company offered $500. Should I take it? Or can I get more?
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23 ANSWERS

Steven D. Dunnings
Did your son have to get medical treatment and do you have any out of pocket medical expenses?
Answered on Jul 02nd, 2013 at 2:55 AM

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Personal Injury Attorney serving Los Angeles, CA
Partner at TORKLAW
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Depends on many other factors that you have not included in your post. What are his injuries? Residuals? Prognosis? Without knowing the extent of his injury, it is impossible to know what a proper settlement amount should be.
Answered on Jul 02nd, 2013 at 2:53 AM

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Personal Injury Attorney serving Richmond, VA at Blank & Marcus, LLC
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It depends on what his injury was and how much his medical bills were. $500.00 does not sound like enough, but more information is needed to answer your question.
Answered on Jul 02nd, 2013 at 2:45 AM

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Criminal Law Attorney serving Worcester, MA at Gregory Casale, Attorney at Law
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I think you should get a lot more than $500.
Answered on Jun 20th, 2013 at 1:14 AM

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Bankruptcy Attorney serving Overland Park, KS at The Smalley Law Firm, LLC
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Did your son receive any medical treatment for his injuries?
Answered on Jun 20th, 2013 at 1:14 AM

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General Practice Attorney serving Indianapolis, IN at Broad Law Firm, LLC
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As with most legal questions, the answer "depends." If you son suffered no permanent injuries from the incident and the $500 compensates for any medical expenses, then likely the $500 is reasonable. If, on the other hand, there are medical bills and permanent injuries, then it's probably not enough.
Answered on Feb 17th, 2012 at 12:04 PM

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Products Liability Attorney serving Durango, CO at Law Offices of Richard Copeland, LLC
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Can your six-year-old get compensation from the hotel? Yes. They've already offered $500 for his damages. There are two issues involved here. The first is liability. I am very suspicious of the idea that the hotel fuse box burned out, causing your son's injury. Unless the hotel has clearly admitted that this was the cause of the injury, this will be a difficult case to litigate. Second, it may well be difficult to hold the hotel responsible if the injury was caused by fuse box. Third, without knowing the exact details of your son's injury, it is hard for me to one imagine that the damages are significant enough to warrant litigation.
Answered on Jan 17th, 2012 at 5:55 PM

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Yes. But what happened to the table lamp? You may need the table lamp to prove why is shorted out.
Answered on Jan 17th, 2012 at 8:56 AM

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Truck Accidents Attorney serving Toledo, OH
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Several questions need to be answered here. First, what caused the electric shock? Was it really a fuse box burn out? That doesn't make sense to me, although I'm not an electrician. I would want to understand this to make sure others aren't shocked. As far as $500, how bad is he burned? Did he have medical treatment? Will there be permanency? The ultimate measure of what you can get is how much a judge or jury would give you. $500 may be fair or you may be able to get much more depending on the injuries. Good luck!
Answered on Jan 17th, 2012 at 8:52 AM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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If your son is now okay, then take the money. It may prove difficult to establish that the hotel was at fault.
Answered on Jan 16th, 2012 at 8:19 PM

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Personal Injury Attorney serving Spanish Fork, UT at Utah Legal Team
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You may be able to receive more based on your son's injury. If his fingertip was simply burned then I don't think your damages are significant and $500.00 may actually be high. If he has a permanent injury to his fingers then the amount is too low.
Answered on Jan 16th, 2012 at 6:51 PM

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Sam Louis Levine
It depends on the all-important issue in premises liability cases of "liability". The claimant has to prove that the landowner had what is called "superior knowledge" of the hazardous condition. If the insurance company is offering to cover the medical bills & a little for pain & suffering, you should try to settle, assuming that there are not any serious and/or permanent injuries. Here, there do not appear to be.
Answered on Jan 16th, 2012 at 5:53 PM

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Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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The answer to your actual Question ("Can my 6 year old get compensation for a hotel injury?") is yes assuming that your son did not intentionally do anything that caused him to get shocked and burned. If all your son was doing was turning the table lamp on or off, I do not see that he did anything wrong. As to the questions posted in the Detail section, I cannot answer whether $500.00 is a fair amount for your son's injuries. A lot more information would be necessary to determine what the case might be worth. A person is entitled to be compensated for an injury. A person is entitled to compensation, that is, money, for an injury (or injuries) based on the following factors: (1) The nature and extent of the injury, including whether the injury is temporary or permanent [and whether any resulting disability is partial or total]; (2) the reasonable value of the medical care and supplies reasonably needed by and actually provided to your son [and reasonably certain to be needed and provided in the future]; (3) the wages you lost caring for your son; (4) [the reasonable value of the earning capacity your son is reasonably certain to lose in the future]; (5) the physical pain and mental suffering your son has experienced [and is reasonably certain to experience in the future]; and (6) the "inconvenience" your son has experienced [and is reasonably certain to experience in the future]. The most important question is whether any of your son's injuries are permanent. If so, that dramatically changes the value of the case. Other than indicating your son got "shocked and burned" you do not indicate whether the burn left any permanent marks or any other residual effects. You also do not indicate whether your son received any medical treatment. Again, without more information I cannot answer whether you should accept the insurance company's offer or if you could get more. Most personal injury attorneys offer a free, initial consultation. I would strong suggest contacting an attorney. While they may not tell you exactly what your son's case is worth, the attorney could tell you whether they could get your son more. DISCLAIMER: This response is based on the limited information provided, makes certain assumptions, and assumes that all events took place in Nebraska. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim, you should consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire.
Answered on Jan 16th, 2012 at 5:50 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Take what you can get. It is not a case that would be productive of much income and would take a lot of time and money to handle.
Answered on Jan 16th, 2012 at 5:32 PM

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Personal Injury Attorney serving Boston, MA
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It depends on how bad the burn was on your son. If he went to the hospital once and healed quickly, then you should probably take the money. I don't think it would make sense to hire an attorney and pay a legal fee if the injury is that small. However, to be on the safe side, you should contact an experienced personal injury attorney in your area for a free consultation. You will need to further describe with more detail the injury to your son.
Answered on Jan 16th, 2012 at 5:32 PM

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Bankruptcy Chapter 11 Attorney serving Dacula, GA at Chronister Law Firm, LLC
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As guardian of your child, you will need to file suit on this case. However, if your son is not badly injured and not traumatized from the incident, you may want to try a counter offer of your own. If they offered $500, go with $2,000 - unless you acquired medical bills of any significant amount. Then play the haggling game with the adjuster until you are happy with their offer. If you are not happy with their final offer or you feel as though you should be compensated more than $2000 - then contact a personal injury attorney to see if they would be interested in your case.
Answered on Jan 16th, 2012 at 5:30 PM

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Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
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If there is no permanent injury to his finger thats not an unreasonable offer. You can always try to negotiate for more and there is no down side to asking for more as they will not pull the original $500 off the table. If there were medical bills, they should pay for them in addition to the $500 or more.
Answered on Jan 16th, 2012 at 5:30 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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A burn-out in the fuse box would not cause an electrical shock. Rather, it sounds like there was a short in the lamp switch which caused the shock and when that happened, a fuse blew, which is what is supposed to happen. It would be very difficult to prove that the hotel knew or should have known of the defective switch. Were there any medical expenses? Permanent scars? Tell the insurance company you want $2,500. If they up their offer, take it. If they don't, take the $500.
Answered on Jan 16th, 2012 at 5:30 PM

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Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
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Yes he can. However, as a minor, his parents have to act on his behalf. You may want to consult with a plaintiff's accident and/or personal injury lawyer for specific legal advice with respect to the amount of damages you should demand and accept for your son's injuries and related expenses.
Answered on Jan 16th, 2012 at 5:20 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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If your son's fingertip does not have any scarring or other residual problems, and your are sure he has no other sequelae from the incident, then $500 is not a bad amount. You might try to ask for more by suggesting $1,000 and see if they're willing to split the difference with you.
Answered on Jan 16th, 2012 at 5:15 PM

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Personal Injury — Plaintiff Attorney serving Taylor, MI at Downriver Injury & Auto Law
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Any injury is compensated by the degree of injury. Hotels are not free and have a duty to their guest to inspect and remove hazards. If it is a minor burn without scars, then you may accept the money. If there is treatment or medical bills, then this is inadequate.
Answered on Jan 16th, 2012 at 5:09 PM

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Personal Injury Attorney serving Charlottesville, VA
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Your six-year old may be compensated for his injuries just as an adult may be. Just as with an adult case, you will need to prove negligence on the part of the hotel and damages on the part of your son. Unlike an adult case, the statute of limitations is different for minors. Generally speaking in Virginia, a minor has two years after the date of his 18th birthday to file suit. Another difference between juvenile and adult cases is that some juvenile settlements must be approved by a circuit court (depends on the amount of settlement). Any settlement amount is based, in part, on the amount of medical bills you incurred on behalf of your son. Without knowing the amount of bills, I cannot tell you if $500.00 is a good settlement amount. Talk with a personal injury attorney. He or she will give you good advice.
Answered on Jan 16th, 2012 at 5:03 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Tell them a lawyer said $1000, but you will take $850 if they don't haggle and make you go hire a lawyer.
Answered on Jan 16th, 2012 at 5:02 PM

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