Personal Injury Lawsuit

[MalenaB]

Hello all,

I was injured two years ago when I fell out of a hotel window. I fell two stories onto concrete, breaking both of my heels, compression fracture to my back, and both of my wrists. Both wrists and right foot required surgery, and all 3 have metal. Recently I was told I have arthritis in my foot due to the swelling caused by the metal, and require another surgery.

I have a lawsuit pending. I am here to ask how strong my case is. The window opened entirely, which hotel windows are not supposed to. I was intoxicated, yes. We were coming from a wedding. Let me know if you have any other questions. I am constantly worrying, and I am tired of scouring the internet for similar cases, and I don't want to keep bugging my lawyer with such questions, because he is always so neutral, and for good reason. He doesn't want to get my hopes up. Thank you in advance!

 

[PaulMass]

There's really no way to determine how strong your case is without examining all the facts. However that won't stop anyone from telling you it's all your fault for being intoxicated and that you don't have a case.

If the lawyer took the case on contingency, that's a good indication that it's a strong case.

 

[Just Blue]

Hello all,

I was injured two years ago when I fell out of a hotel window. I fell two stories onto concrete, breaking both of my heels, compression fracture to my back, and both of my wrists. Both wrists and right foot required surgery, and all 3 have metal. Recently I was told I have arthritis in my foot due to the swelling caused by the metal, and require another surgery.

I have a lawsuit pending. I am here to ask how strong my case is. The window opened entirely, which hotel windows are not supposed to. I was intoxicated, yes. We were coming from a wedding. Let me know if you have any other questions. I am constantly worrying, and I am tired of scouring the internet for similar cases, and I don't want to keep bugging my lawyer with such questions, because he is always so neutral, and for good reason. He doesn't want to get my hopes up. Thank you in advance!

So you were drunk...fell out an open window. Please explain how that was the Hotels "fault"?

 

[quincy]

Hello all,

I was injured two years ago when I fell out of a hotel window. I fell two stories onto concrete, breaking both of my heels, compression fracture to my back, and both of my wrists. Both wrists and right foot required surgery, and all 3 have metal. Recently I was told I have arthritis in my foot due to the swelling caused by the metal, and require another surgery.

I have a lawsuit pending. I am here to ask how strong my case is. The window opened entirely, which hotel windows are not supposed to. I was intoxicated, yes. We were coming from a wedding. Let me know if you have any other questions. I am constantly worrying, and I am tired of scouring the internet for similar cases, and I don't want to keep bugging my lawyer with such questions, because he is always so neutral, and for good reason. He doesn't want to get my hopes up. Thank you in advance!

What is the name of your state, MalenaB?

I recall a case out of Michigan several years ago where a student living in a dormitory rolled from the top bunk of her bed out a third floor window. Her death was attributed in part to a defective window design (if memory serves me and it may not - I'll check).

However, you have an attorney and you really need to rely on his advice and direction. Your attorney should be able to tell you how strong he thinks your case is. I am sure he will be able to access and put to use all of the applicable cases when fashioning your case against the hotel.

Good luck.

 

[MalenaB]

So you were drunk...fell out an open window. Please explain how that was the Hotels "fault"?

Hotel windows are not supposed to open far enough for a person to fall out. The window was defective. Liability laws state that a hotel is to keep their guests safe. Me being drunk has little to do with why I fell. I would have fallen either way. A child would have certainly fallen, and died. I was lucky to live. I did nothing wrong. I'm not allowed to be drunk in a hotel? If you don't understand how these things work, please go troll another thread.

 

[MalenaB]

There's really no way to determine how strong your case is without examining all the facts. However that won't stop anyone from telling you it's all your fault for being intoxicated and that you don't have a case.

If the lawyer took the case on contingency, that's a good indication that it's a strong case.

Not only that, I had attorneys fighting over my case. So many nicely put together packages were dropped off at my hospital room, and sent to my house. One attorney tried to lie to me and tell me that my lawyer that I hired decided to not take the case, and referred the case to him. I was so confused. I was in the hospital, still, and heavily medicated. Thank god I called my lawyer to ask why, and he was like, I have no idea what you are talking about...? Do hospitals alert attorneys when possible injury cases come in, or something? How did all these people know?

 

[justalayman]

Hotel windows are not supposed to open far enough for a person to fall out. The window was defective. Liability laws state that a hotel is to keep their guests safe. Me being drunk has little to do with why I fell. I would have fallen either way. A child would have certainly fallen, and died. I was lucky to live. I did nothing wrong. I'm not allowed to be drunk in a hotel? If you don't understand how these things work, please go troll another thread.

while I won't argue the hotel had an obligation to use and maintain a window that has a limited opening (partly because it will vary from state to state), one has some contribution to falling out of a window. That is evidenced by the fact that many people have not fallen out of windows, regardless of how far the window in all the rooms they have ever been in open. Being drunk surely played a part in it even if that is not enough to remove the hotels liability. Dang, I've never fallen out of a window and I work in conditions where the windows may not even be installed in the building yet. It's called exercising due caution.

Rather than chastising a person that speaks their mind and tells you how they see things, how about explaining what happened so that your claim that there was nothing you could do to prevent yourself from falling out of the window can be seen.

As to liability laws for hotels; they do not say a hotel has to keep their guests safe. It says they must take care to remove known dangerous conditions and the building must meet specific building rules. There is a world of difference.

and you have still not disclosed the name of your state.

 

[Just Blue]

Not only that, I had attorneys fighting over my case. So many nicely put together packages were dropped off at my hospital room, and sent to my house. One attorney tried to lie to me and tell me that my lawyer that I hired decided to not take the case, and referred the case to him. I was so confused. I was in the hospital, still, and heavily medicated. Thank god I called my lawyer to ask why, and he was like, I have no idea what you are talking about...? Do hospitals alert attorneys when possible injury cases come in, or something? How did all these people know?

Well...This says so much. You should talk to one of the many attorneys that "dropped off their packages" in your hospital room.

Best of luck to you and I hope you feel better

Blue

 

[quincy]

Hotel windows are not supposed to open far enough for a person to fall out. The window was defective.

What is the name of your state, MalenaB?

State laws vary in significant ways so what applies to someone in one state may not apply to someone in another state, even under the same set of facts.

That said, here is an appeals court case out of California, filed October 31, 2014. You can read through it to see what is looked at when deciding liability. It is not quite so simple as saying laws state that hotels must keep guests safe.

Nan Lawrence, et al v. LaJolla Beach and Tennis Club, Inc., et al and Michael Lawrence, a Minor, v. LaJolla Beach and Tennis Club, et al: http://www.metnews.com/sos/1114/D064261.PDF

Please be nice to the volunteers. The question asked by Blue Meanie is a question you will find you need to answer in court.