QUESTION

Can I sue hotel for ants infestation

Asked on Sep 13th, 2023 on Hospitality Law - Texas
More details to this question:
My child has severe allergies to insect bites including anaphylaxis. We discovered infestation of our suitcases and clothes and informed the manager who refused to help or assist with cleaning up. We informed the manager of Childs severe allergies but she knowingly put his life at risk by asking us to leave the hotel immediately and refusing to clean. In order to keep my child safe we made a decision to throw away all infested possessions. Can I sue the hotel for negligence, health hazard, breach of contract . Actions of the manager while being aware of my child’s allergies showed complete disregard for human life and she was willing to put his life at risk by asking us to leave with infested suitcases. I would also like to request to replace all damaged and lost possessions
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1 ANSWER

Commercial Litigation Attorney serving Frisco, TX at Reid Dennis & Frick, PC
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I think that would be a highly speculative lawsuit which would not be cost-effective to pursue given the likely very limited compensatory damages.I think it would be relatively easy to brush ants off of any truly valuable belongings like jewelry, watches, or cell phones, and that the cumulative value of less expensive possessions like clothing would be a few hundred to a few thousand dollars.  It may also be difficult to persuade a jury that the time and cost to shake or brush the ants off these less expensive items would be so great as to justify throwing them all away.  Given that a simple lawsuit for damages could easily cost $50,000 and take two years, and that a speculative one like this would likely cost more and take longer, I would counsel against expending that money with the hope of recovering a few hundred or few thousand dollars for some discarded possessions and the price of a hotel room.
Answered on Sep 13th, 2023 at 12:47 PM

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