QUESTION
Do we have a case against a hotel that subjected us to unsanitary conditions? How?
Asked on Jun 09th, 2015 on Personal Injury - New York
More details to this question:
My wife, 10 month old son, and I stayed overnight at a hotel due to the poor weather conditions. Overall our stay lasted less than 24 hours.We were woken very early in the morning to feeling itchy, we then realized that there were ants crawling all over us. We looked at our infant son who had ants on his face, as well as bite marks. The ants were absolutely everywhere, over all of our belongings, and throughout the entire hotel room. The hotel immediately gave us another room to set up in. My wife and son moved, but I had to stay behind to clean every single item in our bags. The only room available was a smoking room which was concerning due to my son being so young and having to inhale those fumes that never leave the room, which could be harmful. I had to wash our all of our clothes, and as we washed our clothes we realized that the new room also had ants in it. At that point we were so frustrated that we just decided to check out of the hotel, as their conditions were clearly not suitable for anyone to be staying in, especially an infant. The general manager offered us a 50% discount which I am grateful for but in retrospect, I believe that we should receive a full refund if not more. Do I have any sort of case if they do not refund me? I believe I still have the receipt in my possession, and if you would like pictures; we took quite a few, I can provide those materials as well.
8 ANSWERS
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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You could sue for damages but I don't think that there was any fraud, recklessness, or intentional misconduct. The rain likely drove out the ants which likely needed to have been exterminated at an earlier time. I think that you can collect for emotional distress for private nuisance. That is a bargaining chip.
Answered on Jun 10th, 2015 at 12:48 AM
This site only gives legal advice as to questions posted; the attorneys answering questions will not look at photographs. You can reasonably demand a full refund because they did not rent to you a room that meet the conditions you reasonably wanted. Perhaps you can get them to pay you for the cost of having to clean your clothing, but do not expect much since ants are a nuisance but they do not bite [except fire ants] and it would be very difficult to show that the lingering smoke in the room would present any health hazard as opposed to being an annoyance that requires washing to get the stink out of your clothing.
Answered on Jun 10th, 2015 at 12:34 AM
Edwin K. Niles
Every claim or law suit has two basic elements: Liability (fault) and damages (how much). Many times a person may have a good claim but the damages are insufficient to interest a lawyer in taking your case. If the damages are modest you may wish to sue in Small Claims Court, where no lawyers are allowed and the damages are limited to $10,000.
Answered on Jun 10th, 2015 at 12:28 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Your communication suggests that you are seeking a lawyer. Those of us who answer inquiries on this site are lawyers, but we are not available to be retained by inquirers. First things first: consult an experienced personal injury lawyer. Come prepared to show him or her just what injuries each of you has suffered. Bring the photos and also medical bills and any other documents related to the complaint. Good Luck.
Answered on Jun 09th, 2015 at 2:58 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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This is not a case for a lawyer. Getting a refund was about as good as it gets unless you could show significant additional damages. For example, getting an infection from a bad food product and losing a kidney because of the antibiotics they used. If it is a national chain, send a letter there too. They might give you a free night coupon.
Answered on Jun 09th, 2015 at 2:57 PM
Ronald A. Steinberg
You have a claim against the hotel for breach of lease, breach of contract, failure to advise of the infestation, and probably some other claims. You and your son are entitled to damages in addition to getting your money back.
Answered on Jun 09th, 2015 at 2:17 PM
James Eugene Hasser
It sounds like you may have a contract claim for your money back and injury claims. Consider consulting an experienced injury lawyer. Good luck.
Answered on Jun 09th, 2015 at 2:07 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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If this is part of a chain, make your complaint known to the corporate franchise owner. If it is just a single facility, you will be stuck with filing a small claims action. While you should succeed, it's up to you to decide whether it is worthwhile to pursue.
Answered on Jun 09th, 2015 at 1:55 PM