Who's liable to pay for my daughter's accident

[zoey625]

accident happened in oregon but i live in california.

me and my daughter were sleeping at a best western hotel and my daughter fell out of bed when she was sleeping and cut her nose up on the night stand. she had to get stitches and i tryed to get the hotel to pay the hosptial bill and they said they checked their furniture and feel they are not reliable. i want to know if i would have any case in suing or not.

 

[I AM ALWAYS LIABLE]

accident happened in oregon but i live in california.

me and my daughter were sleeping at a best western hotel and my daughter fell out of bed when she was sleeping and cut her nose up on the night stand. she had to get stitches and i tryed to get the hotel to pay the hosptial bill and they said they checked their furniture and feel they are not reliable. i want to know if i would have any case in suing or not.

My response:

Being familiar with Oregon law, which is very similar to California law (where I practice), it is more than likely you won't be able to win a lawsuit in this regard. You see, property owners are not insurers of your safety, and unless you can prove "Notice" of a dangerous condition on their premises, it is more likely than not that any claim will fail.

All because someone is injured on someone's property, does not necessarily mean that the property owner was negligent or knew that they were negligently maintaining a dangerous condition.

The only way to hold a property owner liable in this, or a similar scenario, would be if the dangerous condition was "open and obvious".

Good luck to you.

IAAL