Do I have a case against a hotel where a glass shower door shattered and injured me? - Injury Law Questions and Answers- LawQA.com

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Do I have a case against a hotel where a glass shower door shattered and injured me?

On my honeymoon, I was taking a shower so we could check out of the hotel and go enjoy the day after our marriage. However, after I cut the water off and grabbed the shower door handle to slide it open, the glass door shattered shooting sharp pieces of glass everywhere! Several struck and cut me, but one struck my left hand and completely sliced my tendon off and I could not move my left thumb. I went to the ER and then to a hand specialist and surgery was required immediately. We have pictures showing the evidence and I have records of all my doctor visits. Insurance did pay most of my medical bills. Do I have a case?

Answer By Mark L. Smith
Law Offices of Mark L. Smith
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Yes you have a case and you need to get in touch with an attorney.

Answer Applies to: Rhode Island
Replied: 8/19/2012

Answer By Steve Lombardi
Lombardi Law Firm
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I have my doubts the accident occurred the way you describe it. It's hard to imagine a glass shower door (tempered glass?) simply shattering without it being slammed or punched. This isn't a case where a lawyer who knows what they are doing can express such an opinion without talking to the injured person.

Answer Applies to: Iowa
Replied: 8/19/2012

The Law Firm of Reed & Mansfield
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I think you have an excellent case both against the hotel and the maker of the shower door. The shower door is definitely a "defective product." Hopefully, the manufacturer and disributors are still in business.

Answer Applies to: Nevada
Replied: 8/18/2012

Answer By Larry Klein

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For you to win a case against the hotel, you would have to prove two things. First that there was a dangerous and defective condition of the hotel's property. If the shower door shattered when all you were doing was moving it, that sounds like the shower door was defective. The second thing you must prove is that the hotel either created the dangerous condition or that the dangerous condition existed for such a length of time that the hotel should have discovered it. That second element might be harder to prove. I presume the hotel bought the shower door from some company so if the shower door was defective, the hotel did not create that condition. And it might be difficult to prove the hotel should have discovered the dangerous condition because how would the hotel know that the shower door was defective. You might not be able to tell that just from looking at it. The better case you might have would potentially be against the manufacturer of the shower door and the company from whom the hotel bought it for supplying a defective product. Also, if the the defective door had anything to do with the way it was installed there might be a case against the installer. Given the nature of your injury, I would recommend you promptly consult with an attorney regarding this matter.

Answer Applies to: California
Replied: 8/18/2012

Answer By Mindy Bish

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Yes you would have a case against both hotel and maybe manufacturer of shower door.

Answer Applies to: California
Replied: 8/18/2012

Answer By Sam Hochberg

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It SOUNDS as if you probably do have a valid claim against the hotel for your personal injuries. If THEIR insurance has paid the medical bills, they are still probably liable for any other damages you suffered, including pain and suffering. You should make an appointment with a personal injury lawyer as soon as possible, and DON'T talk to the hotel's insurance people any further. IF this happened in Oregon, you are probably subject to a TWO-YEAR statute of limitations, however I wouldn't wait that long. There may be other facts pertaining to your case that could change what you're entitled to, and it's hard to know that without a full interview. So, see a good personal injury lawyer, and it probably ought to be an Oregon lawyer, if you're not residing in Oregon.

Answer Applies to: Oregon
Replied: 8/17/2012

Answer By Dennis P. Mikko

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The hotel had a duty to provide you with a safe place in your room. Since the door shattered you may have a case. All of the facts should be evaluated by a personal injury attorney who could then provide you with a more complete answer.

Answer Applies to: Michigan
Replied: 8/17/2012

David F. Stoddard
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Possibly. You would have the burden of proving that the door was defective (and possibly that the hotel should have known it) or show that the hotel was negligent in some way. The fact that it shattered, in of itself, may not be enough.

Answer Applies to: South Carolina
Replied: 8/16/2012

Answer By EMMA HILARIO

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There is a 2 year statute of limitation for personal injuries. To determine liability, there are tests and quations to be asked, for example who was negligent, did the hotel know or have notice of the defect, etc. Too many questions that the fact pattern did not address. This response does not create an attorney client relationship for this attorney to do any work for inquirer. Inquirer is urged to seek advise and representation from a counsel.

Answer Applies to: California
Replied: 8/16/2012

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