Do I have a case against a hospital if I step on a pin the ER waiting room area?

Question

I took my friend to the ER for her own medical issue. While we were waiting in the ER waiting room I suddenly felt a sharp pain and discovered that I had been stabbed in my heel through my shoe by a common metal pin like those found in a dress shirt when it is folded up. The pin must have been lying on the floor. I pulled the pin out of my heel, notified the staff, and I was treated reasonably promptly by the ER staff and given a Tetanus shot. The incident was documented by the hospital security staff but they refused to give me a copy of the report, saying it was internal only.  My insurance information wasn't taken and I haven't yet been billed by the hospital for the treatment of my puncture wound. I am concerned that the puncture wound could become infected. The pin was on the floor outside the bathroom so who knows what could be on it? Do I have a case against the hospital? If I get an infection then presumably I would be more significantly damaged. The fact that they didn't charge me does suggest that the staff felt that the hospital was responsible in some way for the injury.

Bruce Arthur Plesser · Answer

Yes.

Thomas Bulman · Answer

No.

Gregory Crain · Answer

Yes.

Stephen Lombardi · Answer

I'll start with the obvious - without damages there are no claims   for personal injury. What-if's and maybe's don't make a personal injury  case.  You must prove duty, breach of duty, damages and proximate cause. Without  any  one element and like a house of cards your case falls apart. 

Beyond damages what about duty. All hospitals are cleaned on a nightly and   daily basis so how will you prove that pin was there for a sufficient  length of  time to make someone think the hospital cleaning staff was negligent?  We need to  think about what we are doing before suing for personal injury.  Suing this  hospital for this would not be a good idea. That's my opinion.  I'd suggest you  move on and wear more protective shoes.

Mark Smith · Answer

Yes you have a case but because of the time and expense of suing the hospital it is not worth it unless you should lose your foot and who wants to do   that.

Bernard Huff · Answer

You might if negligence can be proven. You may contact the hospital's insurance  carrier and file a claim. Also, you may consult with a personal injury lawyer  for specific legal advice and direction.

David Stoddard · Answer

There is probably no case here.  

First, you  would have to show that the hospital was negligent in dropping or placing the pin on the floor and failing to remove it, or that the hospital knew about the pin and failed to remove it.  

The hospital is not automatically liable for all accidents that occur on its property unless it breaches some duty of due care to the public. Second, you cannot recover damages for harm that might occur, or that could have occurred such as infection.  

Some businesses pay for medical treatment for accidents that occur on their premises regardless of whether they are liable to  promote goodwill with the public.

Ronald A. Steinberg · Answer

To hold the hospital responsible, you have the burden of proving that they knew the pin was there in enough time before the accident that they could have removed it from the floor.  If you cannot prove that, then you would have to prove that the pin was there for an unreasonably long period of time before the accident.  You must establish "notice" to hold a property owner liable.  I doubt you will be able to do that.

Melvin Franke · Answer

Find out if you have permanent damages.

Andrew Velonis · Answer

All property owners, including hospitals, are responsible for keeping their property in reasonably safe condition. 

If the hospital staff knew or should have known of the pin on the floor and failed to pick it up, even though there was time to do so, then he can it held legally liable for injuries that could foreseeably result. 

Of course, evidence for all of those factors will be required.  I disagree that the fact that you were not charged indicates some feeling of responsibility, I think it shows good will; they have staff and equipment on hand to help you, and that's what they did.

Jared Altman · Answer

Sounds like just a "boo boo" to me. I doubt you'll interest a lawyer.

Charles E. Cartwright · Answer

In Florida, a landowner owes a duty to invitees to use reasonable care in the maintenance and repair of the landowners premises. That includes maintaining the property in a reasonably safe condition and warning of any hidden dangers.

With respect to the pin, one would have to know how it got on the floor, how long it was on the floor, or have some circumstantial evidence showing that the pin was on the floor for a long enough period of time that the hospital knew or should have known of the pin. I expect you will have a very difficult case to prove.

Dennis P. Mikko · Answer

You may have a claim against the hospital but what are your damages?  Without damages it does not make sense to bring suit.  You may wish to speak with the hospital regarding a settlement if there are no further damages.

Michael Heilmann · Answer

You should contact Risk Management at the Hospital. The injury does not appear to be large enough to merit a lawyer's involvement. They may be willing to settle with you.

Michael Yeksavich · Answer

It is doubtful that any lawyer would take this case.  What are your damages?   Speculation is not a damage.

Larry Klein · Answer

In order for the hospital to be responsible for you getting stabbed by the pin, you would have to prove two things.  First, you would have to prove that a dangerous condition of the floor caused you to be stabbed.  

A pin on a floor can potentially be a dangerous condition so you may be able to prove the existence of a dangerous condition.  The more problematic issue is that you also have to prove that the hospital either created the dangerous condition or that the dangerous condition existed for such a length of time that the hospital should have discovered it.  

Since you describe the pin as one being from a dress shirt and not something that a hospital would normally use, it may be difficult to prove that the hospital created the dangerous condition.  

That means you would have to prove that the condition existed for such a length of time that the hospital should have discovered it.  That may also be difficult to prove since you have no way of knowing how long the pin was on the floor for.  

For example, if someone not connected with the hospital had dropped the pin five minutes before you stepped on it, in my opinion that would not give the hospital sufficient time to discover the pin on the floor.  The longer the pin was on the floor the better is your argument that the hospital should have discovered it, but again, I do not know how you will be able to prove how long the pin was on the floor.  

Hopefully, you will not get an infection.  Please note that there are time limits that apply to claims of this type and if you do not comply with those time limits, you will lose any rights you have to present a claim for your injury.  

If you wish to pursue this matter any further, you should promptly consult the services of an attorney, or you might wish to pursue an action in Small Claims Court where the amount you can recover is limited by statute.

Irving Blank · Answer

I doubt it.  You must be able to prove that the hospital knew or should have known that the pin was there and did not remove it in a reasonable time or warn you of its presence.  This usually requires you to prove when and how the pin got on the floor or have a statement that meets your proof requirements.  Virginia is a very difficult state to win a premise liability case.

John Brennan · Answer

You are a very, very long way from winning.  The liability of the Hospital is questionable unless you can show they were aware the pin was on the floor.  It sounds like they acted appropriately.

Paul Whitfield · Answer

You start by saying the pin "must have been" you don't prove things that way. Later you say something different about where and why the pin was. 

Truth is you don't know and you may have brought it in with you from the street or parking lot or God only knows where.

I think you ought to move on to things of some important. If there was infection involved you would know about it by now  and you are still stuck proving it was their negligence. I don't think you can.

James Kelaher · Answer

Probably not. The "dangerous condition" must have been visible or known to them, and it would be very difficult to prove that a hospital employee could have seen a straight pin on the floor, especially if even you didn't see it. Hopefully you won't develop an infection so it would be no harm/no foul.

Steven Shaw · Answer

The question of fault would be a challenge under these circumstances.  Who's pin was it?  When had the hospital staff last cleaned that area?  If you can't link it to some negligent action by the hospital, than I suspect you do not have the basis to make a claim against them for your injury.

James Osak · Answer

If you get an infection you may have reasonable cause for a lawsuit. If NO infection probably no lawsuit. No attorney will take this unless you do get the infection . . . but you'll have to PROVE the hospital CAUSED your infection and that you didn't get it at home, etc.

Josh Lamborn · Answer

In order to have a case against the hospital, you would have to prove that they were negligent in some way and you would have to prove that you suffered more than nominal damages; otherwise your case would cost you more than it was worth.  The fact that the pin was on the floor does not prove the hospital was negligent in and of itself.  For them to be negligent you would have to show that they knew the pin was there and failed to pick it up or had acted in some other way that a reasonable person would not have.  In your case it is unlikely that the hospital was negligent and even less likely that you could prove it if they were.  Most likely, the pin was dropped by another patient and went unnoticed by the staff for an insignificant amount of time (like in between times when they cleaned the floor).  More importantly, your case is not worth very much money as it stands.  How much is a jury likely to award you based on being stuck with a pin.

Jeffrey Lapin · Answer

The hospital might be at fault for your injury depending on a number of factors. If the hospital knew or should have known that the pin was there the hospital might be responsible. "Should have known" goes to whether the hospital, through reasonable inspections, would have discovered the pin. If the pin was dropped only a few seconds before you stepped on it, then the hospital would not be at fault. However, if the pin had been there for hours and people had reported it to the hospital but the hospital did not do anything, then the hospital might be at fault. To truly answer whether the hospital is at fault would require a lot more information.  The fact that you have not been billed does not necessarily mean they are accepting fault for your injury. In addition, if you cannot get it resolved with the hospital and have to go to court, the fact that you were not billed, most likely, would not be admissible into evidence.  You should consider talking to a personal injury attorney about the incident. Most offer a free consultation so it will not cost you anything to find out if you have a case.

Thomas Edward Gates · Answer

Damages you may have are small, if any at all, and a claim is not worth pursuing unless there are complications.

Eric Rothstein · Answer

In order to have a case you need to prove that the hospital had actual or constructive notice that the pin was there or put it there. This sounds like a very hard case. Assuming you have a case it does not seem like you injuries are severe enough to warrant a law suit, which costs a lawyer time and money to pursue. If this was a municipal hospital you need to serve a Notice of Claim (or similar document if a State hospital) within 90 days of the incident to preserve your right to sue.

Stuart Nachbar · Answer

I am sure that there is some liability for allowing a "sharp, used" to be on   the floor, but at this point I do not see any damages.

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Do I have a case against a hospital if I step on a pin the ER waiting room area?

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