Legal Question in Personal Injury in Massachusetts

husband sliced toe in hotel pool due to broken tile

My husband and I went away for a weekend away from our children in NH. On the first night at the hotel we went to the pool. As my husband stepped into the pool he sliced his index toe tip on broken tile in the pool. We later took pictures of the pools broken tile and of his toe. The following day the pool tile was fixed. I took him to a local hospital and our weekend was ruined. He was given pain meds, told to take antibiotics 4x day, we could not use the pool b/c he could not get his te wet. We spent the rest of our weekend in our room with his foot elevated. he has been in pain since, and back to his primary care doctor for x-rays. (no broken bone was seen). The hotel gave our money back for the weekend, and said they will pay for his medical bills. we asked if they would let us come back for another weekend once husbands foor is okay they said they will not be doing that. Do we have a case?


Asked on 3/18/08, 7:56 pm

2 Answers from Attorneys

Christopher Di Giacomo Di Giacomo & Gruss

Re: husband sliced toe in hotel pool due to broken tile

Hi- In response to your inquiry, you do have a case. You can sue for your loss and pain & suffering. If you want to talk further, please let me know and we can set-up a free consultation. Sincerely, Chris Di Giacomo.

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Answered on 3/18/08, 8:02 pm
Christopher Earley Law Office of Christopher Earley

Re: husband sliced toe in hotel pool due to broken tile

Yes, there may be a case here. A property owner is required by law to keep ones property in a reasonable safe condition free from defects. Be VERY careful not to sign anything that either the hotel, or its insurance company presents to you guys to sign. To sign any such document could immediately extinguish any claims you have against the hotel. Most properties have a "medical payments" provision in their insurance agreeement that provides for $5000.00 in medical payments to injury victims. I will be in my office tomorrow if you would like to talk this out. Thanks.

Chris Earley

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Answered on 3/18/08, 9:00 pm


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