Legal Question in Personal Injury in United States
So I vistied a hotel last week the same day I checked out I had small bumps on my arms, hands, leg, and feet. I thought I was having an allergic reaction from something in the sand or something so I took Benadryl, and put hydrocortisone cream on it. But it didn't get better so 5days after no progress I went to urgent care because I was told that it looks like scabies. Dr. Confirmed that it is in fact scabies. I asked how did I get it was it from the sand he said no because they are surface parasites and it had to have come from the hotel bedding. I am so frustrated because this has cost me nearly $250 in medical expenses. I had to miss work because it's contagious, and knowing that I laid in place where this was present has me distraught. I'm going to call the hotel tomorrow and see what they say. I'm hoping they are willing to pay for my medical expenses and reimburse my stay. If they are not willing, is this something I can take to small claims court. I have pictures of my self on the bed when we checked in that you can clearly see I had no marks on my body also pictures from the day after when we checked out and I noticed the bumps that night and took pictures. All pictures are dated. Is this enough to prove that I contracted scabies from that hotel?
3 Answers from Attorneys
Given your five day delay in seeking medical care, proving your case, which will likely require paying your doctor to testify, will be difficult. Get your paperwork together and see a lawyer before doing anything. The case may be too small for a lawyer and be something to do pro se but let counsel review your doctor's written report first.
These cases are typically very low value and hard to prove, which is why so few lawyers will take them. The dated photos you took just might save your case. There is certainly no harm in asking around. Look for personal injury lawyers who handle bed bugs or scabies in your area. You wont be charged for a consultation so you have nothing to lose. Good luck to you.
The other two lawyers are being overly generous and while I agree that it never hurts to look into the possibility of a suit, you would likely be wasting your time. While it is highly likely that you are correct and that you contracted scabies from the hotel, the fact remains it is possible it could have come from somewhere else and the odds that you will be able to prove by a preponderance of the evidence that the scabies came from the hotel is likely less than slim and none. Further, even if you got over the hurdle of proving you got the scabies from the hotel, you'd then need to prove that they were negligent in some way.
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