Do I have a case against a hotel where a glass shower door shattered and injured me?

Question

On my honeymoon, I was taking a shower so we could check out of the hotel and go enjoy the day after our marriage. However, after I cut the water off and grabbed the shower door handle to slide it open, the glass door shattered shooting sharp pieces of glass everywhere! Several struck and cut me, but one struck my left hand and completely sliced my tendon off and I could not move my left thumb. I went to the ER and then to a hand specialist and surgery was required immediately. We have pictures showing the evidence and I have records of all my doctor visits. Insurance did pay most of my medical bills. Do I have a case?

Gregory Crain · Answer

Yes.

Timothy Klisz · Answer

Yes.

William C. Gosnell · Answer

Yes.

Stephen Lombardi · Answer

I have my doubts the accident occurred the way you  describe it.  It's hard to imagine a glass shower door (tempered glass?) simply  shattering  without it being slammed or punched. This isn't a case where a lawyer  who  knows what they are doing can express such an opinion without talking to the   injured person.

Larry Klein · Answer

For you to win a case against the hotel, you would have to prove two things.  First that there was a dangerous and defective condition of the hotel's property.  If the shower door shattered when all you were doing was moving it, that sounds like the shower door was defective.  The second thing you must prove is that the hotel either created the dangerous condition or that the dangerous condition existed for such a length of time that the hotel should have discovered it.  That second element might be harder to prove.  I presume the hotel bought the shower door from some company so if the shower door was defective, the hotel did not create that condition.  And it might be difficult to prove the hotel should have discovered the dangerous condition because how would the hotel know that the shower door was defective.  You might not be able to tell that just from looking at it.  The better case you might have would potentially be against the manufacturer of the shower door and the company from whom the hotel bought it for supplying a defective product.  Also, if the the defective door had anything to do with the way it was installed there might be a case against the installer.   Given the nature of your injury, I would recommend you promptly consult with an attorney regarding this matter.

Dennis P. Mikko · Answer

The hotel had a duty to provide you with a safe place in your room.  Since the door shattered you may have a case.  All of the facts should be evaluated by a personal injury attorney who could then provide you with a more complete answer.

Mindy Bish · Answer

Yes you would have a case against both hotel and maybe manufacturer of shower door.

Mark Smith · Answer

Yes you have a case and you need to get in touch with an attorney.

David Stoddard · Answer

Possibly.  You would have the burden of proving that the door was defective (and possibly that the hotel should have known it) or show that the hotel was negligent in some way. The fact that it shattered, in of itself, may not be enough.

Emma Hilario · Answer

There is a 2 year statute of limitation for personal injuries.  To determine liability, there are tests and quations to be asked, for example who was negligent, did the hotel know or have notice of the defect, etc.  Too many questions that the fact pattern did not address.   This response does not create an attorney client relationship for this attorney to do any work for inquirer.  Inquirer is urged to seek advise and representation from a counsel.

John T. Wagener · Answer

Anyone that can pay the filing fee "has a case." Although your chances of success may depend on the law where the hotel is located, generally inn-keepers owe their guests a higher degree of care than ordinary care. You may need to establish that the hotel knew or should have known about the dangerous condition of the shower door in order to recover.

Michael Lehner · Answer

You appear to have a case against the Hotel for negligence and since you were a paying guest at the hotel , it will be held to a higher standard of care. Nevertheless you will still need to show they were at fault for the breakage of the glass door. They will probably attempt to prove there was nothing wrong with the door and that you did something to cause it to break. It would be helpful to have the entire door assembly and glass pieces evaluated so an expert could determine how the break occurred.  The hotel may also have insurance which would cover your medical care regardless of fault for the accident.

Steven A. Schwartz · Answer

You very well may have a case, as long as you did not do anything out of the ordinary to the door when grabbing it.  I suggest you contact an experienced personal injury attorney for a free consultation immediately.

Jeffrey Lapin · Answer

Although I am speculating based on the limited information you provide, it does appear you do have a case for your injury assuming you did not intentionally cause the shower door to shatter. One of the main issues is why the shower door shattered. In addition, there is a question of who is responsible for your injury and damages. It could be any of the following, individually or jointly: the hotel; the installer of the shower door; the shower door manufacturer. There are other issues and questions before I could say whether you have a winnable case.  I would suggest contact a personal injury attorney to further discuss your case. Most offer a free initial consultation so it will not cost you anything to learn more about your rights and whether you have a case.

James Kelaher · Answer

You do, and in my opinion you should consult with a personal injury attorney, preferably a board-certified civil trial lawyer.

Bernard Huff · Answer

You possibly do have a cause of action against the hotel if you haven't already  executed a release. However, you will have to prove that the hotel was negligent  in not repairing the shower door. You should retain a plaintiff's accident or  personal injury lawyer for specific legal advice and direction.

Kevin Habberfield · Answer

Yes you do. Go see an attorney now.  Good luck.

Leonard Schwartz · Answer

Without a doubt you have a case if you reported it to the hotel unless it was in a state or country that has a law otherwise, which I doubt.

Brian Wendler · Answer

The short answer is yes, you have a case.  You should consult with a personal injury lawyer for this.

Jerrie Weiss · Answer

Sounds like a good case.  You need to contact an attorney to investigate and evaluate it.

Brett Rosenthal · Answer

Yes you do, have this identical case right now.

Jared Altman · Answer

Also sue the manufacturer and installer of the door. You need to find out who they were.

Ronald Lowry · Answer

Yes, potentially. There is a possible premises liability claim against the hotel and a possible product liability claim against the door/glass manufacturer. You need an experienced injury attorney quickly, the sooner the better.

Mark Leonardo · Answer

I hope you kept a piece of the glass. It must not have been tempered glass which is usually the code standard these days. Certainly in California if that's where it happened. You very likely have a case. You should get a free consultation from a personal injury attorney to discuss the details.

Jeffery Lebeau · Answer

You may very well have a case. There are strict requirements regarding the glass that is used in shower doors. Our firm has been representing individuals in accident cases for over 23 years and has recovered millions of dollars for our clients. We represent  clients in LA, Orange, Riverside, and Ventura counties. Both my partner  and I were named "Super  Lawyers" in LA Magazine. But more importantly over 70% of our new cases  come from referrals from our previous clients, other lawyers, judges, looking for great representation for  their friends and loved ones.

Thomas Patton · Answer

In the US, probably so. You should consult an attorney.

Linda Chalat · Answer

You describe a premise liability claim against the hotel owner/operator.  This type of case is very fact-dependent, the successful claims have strong documentation as to the facts of the accident and the injuries suffered.  When an accident occurs because of a known condition, such as a leaking water line which management is aware, then there is a better argument to be made concerning landowner liability.  And if the accident victim is immediately treated by EMT personnel or personal physician, then it is easier to prove an injury from the accident.

Howard Mishkind · Answer

Yes. The hotel owed you a duty to provide you with a safe room.  The shower door was obviously defective. They knew or should have known of this unsafe condition and warned of it or replaced it.

David Blain · Answer

Yes, you likely have a case against the hotel. Where was the hotel located? Within the US? Within CA?  When a person is injured by the negligence of another, the injured party is legally entitled to compensation. This compensation is what is referred to as damages. The types of damages recoverable in a PI case are compensatory damages and punitive damages. Compensatory damages are intended to place the injured party into a position they would have been in had the injury never occurred. So the injured person can claim their past and future medical expenses (regardless of the fact that insurance paid for them), past and future lost wages and pain and suffering.  Punitive damages are intended to punish the defendant for his/her/its willful, oppressive or fraudulent conduct. But, based on the facts you have provided, it doesn't appear punitive damages are appropriate.

Thomas Bulman · Answer

Yes.  Sue the hell out of the hotel for not having safety glass.

Steven Shaw · Answer

Yes, you do have a claim.  And considering the severity of the injury, I suggest contacting an attorney right away to discuss the best way to present that claim to the hotel.

Michael Heilmann · Answer

It will be difficult to show that the hotel had notice of the defective condition of the door. Perhaps other doors broke in the past. A hotel has a high duty to its guests in most cases. I would hire a lawyer to file a suit.

Robert Lucky · Answer

Yes, you may have a case. As with any personal injury case, there are many factors that must be evaluated and considered. It is very important that you call an attorney as soon as possible to ensure your wife's rights are protected.

Thomas Edward Gates · Answer

You do have a case for personal injury damages, as long as you have not signed your right's away.

Michael Yurasov-Lichtenberg · Answer

Yes, you do. Most likely, you will have to sue both the hotel and the manufacturer of the glass door. Do it fast, before the evidence dissipates.  The insurance might try to recoup the medical bills payments it covered on your behalf. But the fact that the insurance paid for your treatment does not affect you right to sue, especially considering your pain and suffering, loss of wages when you could not work due to the injury, and the possible long-term harm to your health and ability to work.

John Joseph Ratkowitz · Answer

You have a case worth investigating. The law regarding the nature of the duty owed to you varies among jurisdictions, and you will probably have to contact a local personal injury attorney who practices in the jurisdiction that the hotel is located if you want to investigate the case further.  Good luck.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter.

Jules D'Alessandro · Answer

Yes you have a case albeit a very difficult one.  You will have to prove that some type of defect existed and the the hotel was aware of this defect or that they were aware that the door was not safe off its intended purpose.  You WILL need an experienced attorney to handle this case for you.  Premises liability is not a do it yourself claim.

David E. Frank · Answer

Yes, you most definitely have a case.

davida francis · Answer

Based on what you've said, it sounds like you may have a case. When did this happen? Call a Las Vegas personal injury attorney and discuss the details directly with him or her. Proving liability / negligence in these types of cases can be difficult and casinos will fight to hold onto every dollar they have. Good luck!

James Osak · Answer

YES . . . you can sue IF you can PROVE your case.

Eric Rothstein · Answer

You would need to show that the hotel had knowledge that the shower door was in dangerous condition.

Irving Blank · Answer

You may have a very significant case if you can prove why the door shattered.  You need to get a lawyer ASAP to look into the possible claim.

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