How can we file a claim against the hotel for negligence?

Question

My family and I stayed at a hotel for Thanksgiving weekend. The first room had roaches so we moved to another room. It had bedbugs but we didn't realize it until two days later. My disabled 12-year old son was bitten 75 times. I have video of the bugs on the mattress and video of management stating that after they investigated the room was infested with bedbugs. We were told that we would be compensated but they lied.

Bernard Huff · Answer

You should consult with a plaintiff's lawyer who handles public accommodation  vases for specific legal advice and direction.

Andrew Velonis · Answer

Contact a personal injury lawyer in your area.

Ronald A. Steinberg · Answer

You file a claim by filing a law suit.  You do that by hiring a lawyer.  If you get a lawyer who is competent, the lawyer will know exactly what to do, when and how to do it, and will do it properly.

Dennis P. Mikko · Answer

Since Thanksgiving was just last week, you could still receive compensation from the hotel.  However, you may wish to speak with an attorney specializing in personal injury.  Most lawyers working in this field work on a contingent fee basis.  That is, if there is no recovery, there is no fee.

Mindy Bish · Answer

In order to receive adequate recovery you will have to file a lawsuit against the hotel itself.  Your main problem is that only an attorney can handle a case on behalf of a minor once that case goes to court.  I would suggest that you an attorney who handles personal injury cases and discuss your son's case.

Jeffery Robinette · Answer

Many lawyers would take this matter on a contingency basis, meaning they would not be paid unless you are paid.  See an attorney as soon as possible for a free consultation.  A good lawyer will do all the work for you.

Christian Paul · Answer

If the hotel offered to settle your claim / complaint for a particular sum of money, and you accepted the offer, and now the hotel is not following through, you could sue the hotel in small claims court for the amount promised and the judge would award whatever he or she thought was the right amount, so long as you proved your claim.  If a local attorney were to write a letter on your behalf, that might shake the money loose from the hotel, and then you wouldn't have to sue. Paying a small sum for a good demand letter might be well worth it.  If you had to sue in small claims, you wouldn't be able to have an attorney represent you, but one could give you tips on how to present your case properly.  It's not very hard in small claims court, and the cost is very low compared to superior court.

Thomas Edward Gates · Answer

You can take them to small claims.

Richard Damon · Answer

You could file a small claim case.

Mark Leonardo · Answer

Make a written claim for damages.  This should include a complete reimbursement of your hotel stay, any medical expenses, and a commensurate amount for the inconvenience, pain and suffering you experienced.  If you do this on your own, their insurance company will lowball you on any offer.  You may need to retain an attorney to get the best result, but then you are likely paying 1/3 of the received amount to the attorney.  I recommend that you contact a personal injury attorney in your area for a free consultation where you can lay out all of the facts, expenses and how you were inconvenienced to ascertain a range of potential settlement outcomes.  You also now need to be concerned about bringing the bed bugs to your residence.  You need to research this topic on the internet quickly to prevent infesting your home and clothing which is very difficult to eliminate.

Jules D'Alessandro · Answer

It is unfortunate that with the amount of recent publicity surrounding bedbugs, that a hotel would still have this problem. First you should seek any necessary medical attention for your son and anyone else who was bitten.  Be sure to document the bites with photographs and medical reports  The process after that would be to first submit a claim to the hotel's insurance company.  If their response is unsatisfactory, then a lawsuit can be filed.  A lawsuit is a public filing and any hotel would be  very foolish to let a claim go that far.  It would result in a significant adverse effect on their business.

Georges Shers · Answer

From the home office of the motel, get the name of the person who handles liability issues and write them a detailed letter about the incident and that you want to be compensated.  If they do not respond or offer you too little, you will have to sue in Small Claims Court.

Paul Whitfield · Answer

Compensated for what? How? What are you expecting? And what do you mean by "they lied"? about what? Ask them to report it to their insurance company. If you have medical bills, they may be paid by the company  you might consider suing them in small claims court although it may not be worth your while.

Christopher Kittell · Answer

In Mississippi, you could file a premises liability claim against the hotel. You would need to prove that a dangerous condition existed (easy, since you have proof of the bedbugs being there) and then prove at least one of these three theories - (1) that the hotel negligently caused the bedbugs to be there, (2) that the hotel knew the bedbugs were there (i.e. actual notice) or (3) that the bed bugs were there for a sufficient length of time that the hotel should have known they were there.  If you can prove one of those three theories in Mississippi,  you can be compensated for the injuries suffered by your child.

James Kelaher · Answer

If you are seeking less than $5,000 in damages, you can bring a claim against them without a lawyer in small claims court. You need to know that you will have to file suit against them in the county where that hotel is located, unless the corporate headquarters is in your town, then you can file in your own town. It seems unlikely that the claim will be worth the trip to the location where you stayed at that hotel, however.

Eric Rothstein · Answer

You can file a lawsuit.

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How can we file a claim against the hotel for negligence?

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