A few weeks ago I went to this resort in / near Miami Florida. The last night I was there I was sleeping when this giant picture / picture frame hit me in the head when I was sleeping. Besides waking me up, it gave me one hell of a nasty bruise on my forehead, I took pictures of my forehead and pictures of the wall and picture / picture frame and went back to bed, I was going to forget it, but I'm still getting the occasional REALLY bad headache..... what should I do?
2006-09-07 10:47:23 · 13 answers · asked by Village L 1 in Politics & Government ➔ Law & Ethics
See your doctor.
And you might want to sue.
2006-09-07 10:50:23 · answer #1 · answered by purplejoyv 2 · 0⤊ 0⤋
You're so remarkably controlled in temperment. I commend you. I thought you were going to say that after the picture fell from the sky and hit you in the head, you dashed it to the floor in pieces, jumped up and down on it, swore vengence to the sheetrock gods and generally woke up everyone on your floor, the one above and below you. But you took pictures. Pretty darn impressive.
You mean it just fell on it's own and wasn't lodged loose by some other event? Don't answer that.
For this question I would like to register myself as another who doesn't know what you should do. Guess it's a judgment call on how bad you're injured and the likelihood your claim will carry enough weight to benefit you in some way.
A few factors that may influence your effort is whether you reported the event to anyone after it happened, or whether it was ever reported at all. And whether the picture's wall supports pulled out of the wall, or was it hanging on a traditional not-very-secure hangar that makes the picture easy lift on or off. With the passage of time, you claim may grow weaker. You were probably alone in the room, so there's no one else for your corner. I imagine you hung the picture back up? So the maids the following day aren't going to be able to say they found the frame sitting on the floor and a hole in the wall?
I don't know.
2006-09-07 18:04:56 · answer #2 · answered by nothing 6 · 0⤊ 0⤋
First have the tests needed to be sure that you are alright & see if something developes in the future.I would definately sue for injury,,medical bills & time loss from work & pain & suffering.This may be really serious & why should you be stuck with all the bills.You will definatly need to follow up on this especially if you are still getting headaches.Dont wait too long!!
2006-09-07 17:55:32 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I don't think you have enough to sue, but I suppose you could try. I could see how you would blame the resort for putting the picture up there, but they could also argue that you took the room at your own risk, and could have even bumped into the wall while you were sleeping. It's your call.
2006-09-07 18:01:11 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Sure you can sue, but trying to connect intermittent headaches with a bump on the head will be a huge challenge. It will require expert witness testimony which will be objected to as speculative. You can get a little something for the pain you suffered. If you're not too greedy, they'll probably settle.
2006-09-07 17:56:19 · answer #5 · answered by Pepper 4 · 1⤊ 0⤋
Did you report it to the hotel management so that they could make out an accident report. You should have gone to the emergency room or clinic to document what happened. You apparently have no scars or head trauma, unpleasent , but nothing to sue over. If you did report it to management, request a refund, free nights some type of compensation and then tell them that ( if it is not satisfactory) that you will be contacting an attorney. Hopefully you reported it, if you did not it is your word against theirs
2006-09-07 17:51:44 · answer #6 · answered by vivib 6 · 0⤊ 0⤋
First of all, did you tell resort staff what had happened before you left? Did you show anyone the bruise? If not, forget suing. If you did inform staff, you'll have some claim to compensation for medical costs, if there are any.
2006-09-07 17:53:18 · answer #7 · answered by eddie_schaap 4 · 0⤊ 0⤋
Another untrained opinion:
I don't think you'd get very much. I think damages are scaled to how injured you are. A bruise heals and it's not permanent damage. I bet it's not worth more than a few hundred dollars. Or, you might get a free weekend out of them.
2006-09-07 17:53:28 · answer #8 · answered by the_return_of_kojak 2 · 0⤊ 0⤋
Think of it this way:
How much would you stand to get for a bump on the head, and how much is an attorney gonna charge?
2006-09-07 17:53:57 · answer #9 · answered by Anonymous · 0⤊ 0⤋
You should talk to an attorney. Someone who is not a licensed attorney cannot legally give you legal advice.
The attorney is going to determine whether you have a legal case, and what your legal rights and options are.
2006-09-07 17:49:33 · answer #10 · answered by coragryph 7 · 0⤊ 0⤋
Get over it. Who would you sue? The picture probably fell because the people in the other room were f-ing to hard. You have no standing and no damages.
2006-09-07 17:49:50 · answer #11 · answered by Terra T 4 · 0⤊ 2⤋