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Is Marriot hotel responsible for my toddler injury while we stayed there?

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stealth2

Under the Radar Member
Why weren't you supervising your child so that this didn't happen? And what responsibility do you take for this?
Kind of my thought, too. Though, as LDi mentions, mishaps happen with toddlers. That said, the hotel's liability would be the last thing on my mind if such an accident occurred to one of my grands while on my watch.
 


LdiJ

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.
I dunno. Sharp edges are a mistake even in rooms without children staying in them. Too much potential for issues.
 

Ohiogal

Queen Bee
I dunno. Sharp edges are a mistake even in rooms without children staying in them. Too much potential for issues.
But that could also deal with the manufacturers of said furniture because why should they EVER make furniture with sharp edges? Again, I want the OP to answer why they do not feel they have to supervise the child or what responsibility they have.
 

Taxing Matters

Overtaxed Member
I dunno. Sharp edges are a mistake even in rooms without children staying in them. Too much potential for issues.
That depends a lot on what you define as a "sharp edge". Certainly an edge to a piece of furniture that is truly razor sharp is a sharp edge. But I've never seen any furniture made that way. As you start moving away from that kind of obvious hazard it becomes more difficult to determine what is impermissibly "sharp". Many tables have right angle corners. Including in many homes with kids. I would not describe all tables with such a corner as "sharp" but that kind of table will represent a higher risk of injury than a table with rounded corners. But is including such a table in a hotel room negligence? That would depend on all the details of the table and room in question, but as such tables are very common and humans like them and most take care not to be injured by them that I would say that most are fine to put in a hotel room and that the occupants of the room, who can easily see that corner on the table, have the responsibility take sufficient care not do something that would result in injury when contact with that corner occurs and responsibility for their kids safety around those kinds of tables.
 
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quincy

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.
How much babyproofing of a hotel room is a guest expected to do? That is where a question of liability could lie.

If a hotel often entertains young families, sharp-edged tables are something that should not have been considered for the rooms. There are many tables made with rounded edges, or even round tables, that do not create as great a hazard.

Parents are generally aware of socket and window and bathroom hazards in hotel rooms but generally will not be prepared for dangerous furniture (unless made of glass). Photos of the layout of the room and the position of the table in the room would be nice to have.

I personally don’t see that much beyond medical expenses would be covered by insurance but, because the injury required stitches and is well-documented, it is smart to investigate different ways of paying for the emergency room treatment.

The bottom line could be that Marriott wants its guests’ experiences at the hotel to be happy ones. Happy guests are its best form of advertising. If settling a medical claim is not outrageously expensive or unreasonable, Marriott might pay while not admitting any liability.

I don’t see that milads is claiming to have no responsibility for the daughter’s injury but rather is questioning whether Marriott could have any responsibility. It’s a good question.
 

zddoodah

Active Member
Is [the hotel] responsible for the injury to their guest or is there any insurance covering medical bills for guests staying at the hotel?
As you described the situation, the hotel has no legal liability. However, it might have insurance that will provide some amount of coverage for medical bills, regardless of legal liability. You'd need to discuss that with the hotel's loss prevention department.

Did your personal medical insurance not provide coverage?


Do you suggest hiring an attorney
I see nothing that would warrant you spending money on a lawyer.


My insurer is asking if we are seeking recovery for damages resulting from the injury.
Not surprising. Your insurer would be entitled to reimbursement from any recovery (in legalese, your insurer is subrogated to any recovery you might receive from any third party).
 

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