Legal Question in Personal Injury in California
daughter stuck with hypodermic needle
june of 2006 after a week stay at a upscale hotel my 6 year old was playing on the carpet of our hotel room as we were getting packed to leave. she all of sudden said OW! and was crying and sucking her finger whic had a little blood on tip. we after freaking out went straight to security. Long story short we were passed to their insurance company and then their attourneys. The run around. after many letters and phone calls the attourney was sopose to have the needle tested and for the last year my daughter has under gone blood teast and shots. the insurance company sent us a letter saying they never heard back from their attouney and sent us a check for $700. (Our hotel stay cost more!) We never ever mentioned that we wanted or even suggested we wanted a pay out we asked that they please find out or try to find the origin of the needle tip and have it tested. I to this day have no idea if they did and whom has the needle. My husband and I are both firefighter and were at the hotel for a fire convention. I was most concerned cause I know that needle was not there all week which led us to have the worst thought as to how the needle got there! Because of the direspect I am wondering my next step, if any? (all short version)
3 Answers from Attorneys
Re: daughter stuck with hypodermic needle
The issue is not worth pursuing in Superior Court unless a doctor has diagnosed your daughter with a serious condition resulting from the needle. Since hotels clean their rooms before new guests take a room, premises liability is pretty clear. But, damages are limited to actual damages. If there are no significant medical consequences from the prick, and you feel the $700 offered is inadequate, refuse it and sue the hotel in small claims court.
Re: daughter stuck with hypodermic needle
Since your zip code is Rohnert Park, I would suggest you seek the advice of a personal injury attorney in your area. I am sure the Santa Rosa area has many competent p.i. attorneys.
They should to advise you properly.
Good luck, and I hope your daughter shows no ill effects from this incident.
Re: daughter stuck with hypodermic needle
You probably can't do much now that the needle is gone. You could contact an attorney, but without the actual needle it is difficult to do anything about this.
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