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Should We Go To Court?

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shorti1

Member
What is the name of your state? DE
my husband and i were checking out at a motel and there few large crates laying outside and my husband walked past it and aparently a large nail attached to a metal latch was sticking out and ripped his leather coat. he told the motel people right then and they said they can't do anything and gave us the managers card. we took photos of the crate, nail and coat. we have tried several times to contact the manager but he is never in. we only want the coastof the coat $149 and we have the original reciept since it was bought in december. we stay at this motel often. we are trying not to take this to court. any advice??? is it worth going to court???
 


O

oberauerdorf

Guest
we are trying not to take this to court. any advice???
Contact the motel again and ask to whomever you speak, who the insurance carrier is. If they do not know or won't tell you, then you'll have to end up filing.

is it worth going to court???
You are the only one who can determine that.

The main thing you are going to have to wrestle with is proof that you mitigated any possible damage the crates could have done by walking around them.

From the sound of your post, unless the crates were in a position so as to make ingress and egress impossible without getting within very close proximity to them, (which would have made entering the office a danger also, something which you did not address) then you share part of the blame.
 

shorti1

Member
well the crates were locate next to the door of the entrance and my husband was walking on the dry area since it had been raining there was a huge water puddle almost in front of the door as well.
 

JETX

Senior Member
Actually, your REAL problem may be in trying to show that the hotel was aware, or should have been aware, of the hazards and ignored them. Simply, if they weren't aware, they aren't negligent. If they were aware and did nothing, you may have a claim against them.
 

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