My toddler ran into the coffee table in our room at the Marriot hotel and the sharp edges cut her eyebrow deep so we had to take her to ER and she received a few stitches. We spend about 5 to 6 hours in the ER and are now getting big bills. Is Marriot responsible for the injury to their guest or is there any insurance covering medical bills for guests staying at the hotel?
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Is Marriot hotel responsible for my toddler injury while we stayed there?
- Thread starter milads
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quincy
Senior Member
What is the name of your state (or in what state was the Marriott located)?
You could have a good claim against the hotel. Did you tell them of the injury before you left for the hospital or upon your return to the hotel?
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quincy
Senior Member
Did you tell the hotel about the injury?
quincy
Senior Member
The hotel should respond after their attorney is informed.
Have you contacted your own insurer to tell them of the accident? Your insurer should be able to work with the hotel to get the hospital bills and any additional expenses paid.
My insurer sent us a letter asking us to explain what happened when we visited the ER that night and if we have any claims. We have not responded to their letter yet. Do you suggest hiring an attorney or talking to our insurer could be enough? My insurer is asking if we are seeking recovery for damages resulting from the injury.
quincy
Senior Member
Did you take photos of the table before you checked out of the hotel? Do you have photos of your daughter’s injury?
Your insurer should be told that you are seeking damages and what those damages are. You could speak to a personal injury attorney and/or you could let your insurer deal with the Marriott’s insurer.
How is your daughter doing? Is the cut likely to leave a scar?
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I took a photo of my daughter's injury also documented at the ER but do not have any photo of the table. At that time I was not sure this could be something against the hotel. My daughter is doing good now but the cut left a scar between her eyebrow as it was deep cut. It has been only two weeks since this happened so hopefully getting better
quincy
Senior Member
Because your daughter is so young, the scar you see now probably will not be too noticeable in the future (says the parent of several kids who singlehandedly have kept Band-Aids in business
). I am happy your daughter is doing better now.If the hotel room’s coffee table had sharp edges, the hotel’s design team did not do a very good job of designing the room with young families in mind. That was a mistake.
You might find that the hotel is willing to settle with you for the costs of all medical treatment your daughter received and any out-of-pocket expenses you incurred as a result of her fall against the table. This could be more of a good will gesture than a legal necessity, however, because negligence on the part of the hotel might not be easy to prove (although, because of the sharp edges on the table, potentially possible).
An initial consultation with a personal injury lawyer is typically free so you might want to speak to one before the hotel contacts you. Whenever a serious injury occurs on another’s property, it is generally worth exploring all of your legal options.
I wish for your daughter a speedy recovery. Good luck.
Taxing Matters
Overtaxed Member
The answer to that question would be supplied by the jury should you sue the hotel chain over this. There is no automatic yes or no regarding liability in a lot of accidents because each accident has different facts and the facts are very important to determining where the liability is.
Talking to an attorney now is not a bad idea but at this stage I would not hire one to represent you. I suggest waiting to hear from the hotel and its insurer what they will offer to pay for this injury first. Hiring a personal injury law now may result in you having to pay legal fees for something that ultimately may not not require much, if any, real work by the lawyer.
LdiJ
Senior Member
That might not have been the best way to word things to make your inquiry clear. I would have asked "who do I talk to about making a claim against the hotel for the injury my daughter received while we were staying there?" or something along those lines. Someone could misunderstand just asking about coverage for "guest medical bills". Also, their liability has nothing to do with whether or not they have insurance. If you are sure that they understood what the situation was then don't worry about it.
LdiJ
Senior Member
As the grandmother of a toddler right at this moment, I can say with certainty that no matter how well you supervise them, you cannot prevent all stumbles from happening. That is why babyproofing is so important.
adjusterjack
Senior Member
Which is also why there may be no negligence on the part of the hotel owners. No negligence, no money, except maybe a few bucks "go-away" money in exchange for a signed release and no admission of liability.