Can my 6 year old get compensation for a hotel injury? 29 Answers as of February 17, 2012

We stayed at a hotel. My son got shocked and burned on his fingertip from a table lamp on/off switch. The hotel said the fuse box had a burn out. So that might have caused it. The insurance company offered $500. Should I take it? Or can I get more?

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Law Offices of Richard Copeland, LLC
Law Offices of Richard Copeland, LLC | Richard Copeland
Can your six-year-old get compensation from the hotel? Yes. They've already offered $500 for his damages. There are two issues involved here. The first is liability. I am very suspicious of the idea that the hotel fuse box burned out, causing your son's injury. Unless the hotel has clearly admitted that this was the cause of the injury, this will be a difficult case to litigate. Second, it may well be difficult to hold the hotel responsible if the injury was caused by fuse box. Third, without knowing the exact details of your son's injury, it is hard for me to one imagine that the damages are significant enough to warrant litigation.
Answer Applies to: Colorado
Replied: 1/17/2012
R. D. Kelly Law Firm, P.L.L.C.
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
If you sue, you have to be the plaintiff as guardian for your minor child. If you win, the money goes into a blocked account for the child to receive it at the age of 18. Whether $500 is enough depends on a number of different factors (i.e. the extent of medical care which was reasonable and necessary, etc.). You should call a personal injury attorney to discuss the matter.
Answer Applies to: Washington
Replied: 1/17/2012
Law Office of Jason D. Baltz | Jason Daniel Baltz
First, I am sorry to hear about your child's injury. Electrical burns and shocks can be minor, but they also can be quite devastating. I would not accept the insurance company's offer until you have your child checked out by a neurologist. Any amount that you accept will be determined by the doctor's answer to the severity of your child's injury.
Answer Applies to: Wisconsin
Replied: 1/17/2012
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
Yes. But what happened to the table lamp? You may need the table lamp to prove why is shorted out.
Answer Applies to: Iowa
Replied: 1/17/2012
EJ Leizerman & Associates | Michael Leizerman
Several questions need to be answered here. First, what caused the electric shock? Was it really a fuse box burn out? That doesn't make sense to me, although I'm not an electrician. I would want to understand this to make sure others aren't shocked. As far as $500, how bad is he burned? Did he have medical treatment? Will there be permanency? The ultimate measure of what you can get is how much a judge or jury would give you. $500 may be fair or you may be able to get much more depending on the injuries. Good luck!
Answer Applies to: Ohio
Replied: 1/17/2012
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
If your son is now okay, then take the money. It may prove difficult to establish that the hotel was at fault.
Answer Applies to: New York
Replied: 1/16/2012
McKell Christiansen
McKell Christiansen | Michael McKell
You may be able to receive more based on your son's injury. If his fingertip was simply burned then I don't think your damages are significant and $500.00 may actually be high. If he has a permanent injury to his fingers then the amount is too low.
Answer Applies to: Utah
Replied: 1/16/2012
Adler Law Group, LLC
Adler Law Group, LLC | Lawrence Adler
The hotel is responsible if they should have known of the problem or inspected for it. If your son is fine take the offer. If he has on going problems such as numbness or scarring you should get quite alot more.
Answer Applies to: Connecticut
Replied: 1/16/2012
The Law Office of Stephen R. Chesley, LLC
The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
In order to determine if you should accept the offer, it must first be determined what your child's injury was. If it required any medical attention and if there were any lasting affects from same. You should contact a lawyer to further go over this facts of this case.
Answer Applies to: New York
Replied: 1/16/2012
Lapin Law Offices
Lapin Law Offices | Jeffrey Lapin
The answer to your actual Question ("Can my 6 year old get compensation for a hotel injury?") is yes assuming that your son did not intentionally do anything that caused him to get shocked and burned. If all your son was doing was turning the table lamp on or off, I do not see that he did anything wrong. As to the questions posted in the Detail section, I cannot answer whether $500.00 is a fair amount for your son's injuries. A lot more information would be necessary to determine what the case might be worth. A person is entitled to be compensated for an injury. A person is entitled to compensation, that is, money, for an injury (or injuries) based on the following factors: (1) The nature and extent of the injury, including whether the injury is temporary or permanent [and whether any resulting disability is partial or total]; (2) the reasonable value of the medical care and supplies reasonably needed by and actually provided to your son [and reasonably certain to be needed and provided in the future]; (3) the wages you lost caring for your son; (4) [the reasonable value of the earning capacity your son is reasonably certain to lose in the future]; (5) the physical pain and mental suffering your son has experienced [and is reasonably certain to experience in the future]; and (6) the "inconvenience" your son has experienced [and is reasonably certain to experience in the future]. The most important question is whether any of your son's injuries are permanent. If so, that dramatically changes the value of the case. Other than indicating your son got "shocked and burned" you do not indicate whether the burn left any permanent marks or any other residual effects. You also do not indicate whether your son received any medical treatment. Again, without more information I cannot answer whether you should accept the insurance company's offer or if you could get more. Most personal injury attorneys offer a free, initial consultation. I would strong suggest contacting an attorney. While they may not tell you exactly what your son's case is worth, the attorney could tell you whether they could get your son more. DISCLAIMER: This response is based on the limited information provided, makes certain assumptions, and assumes that all events took place in Nebraska. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim, you should consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire.
Answer Applies to: Nebraska
Replied: 1/16/2012
    Law Office of Sam Levine, LLC
    Law Office of Sam Levine, LLC | Sam L. Levine
    It depends on the all-important issue in premises liability cases of "liability". The claimant has to prove that the landowner had what is called "superior knowledge" of the hazardous condition. If the insurance company is offering to cover the medical bills & a little for pain & suffering, you should try to settle, assuming that there are not any serious and/or permanent injuries. Here, there do not appear to be.
    Answer Applies to: Georgia
    Replied: 1/16/2012
    Law Offices of Minh C. Wai, P.C.
    Law Offices of Minh C. Wai, P.C. | Minh C. Wai
    Your child has a claim against the hotel. How much compensation depends on how badly injured your child was during the incident. Obviously the more injured, the more compensation is deserved. The decision to take the money will depend on the balancing of the injuries sustained versus the inconvenience and increased expenses you may incur rejecting the offer and having to file suit against the hotel to get more money. Realize that this money being offered may be higher or may not be offered again in the future.
    Answer Applies to: Indiana
    Replied: 1/16/2012
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    No one can give you such specific advice (as to whether or not to settle for $500) without knowing much more information. However, to succeed with a personal injury case, you must show that your son was injured as the result of a dangerous condition, and that the hotel knew or should have known of the dangerous condition. That said, I would make sure that they are offering at least enough to cover all medical bills and that there will not be a need for additional medical attention in the future.
    Answer Applies to: Missouri
    Replied: 1/16/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Take what you can get. It is not a case that would be productive of much income and would take a lot of time and money to handle.
    Answer Applies to: North Carolina
    Replied: 1/16/2012
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    It depends on how bad the burn was on your son. If he went to the hospital once and healed quickly, then you should probably take the money. I don't think it would make sense to hire an attorney and pay a legal fee if the injury is that small. However, to be on the safe side, you should contact an experienced personal injury attorney in your area for a free consultation. You will need to further describe with more detail the injury to your son.
    Answer Applies to: Massachusetts
    Replied: 1/16/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Yes he can. However, as a minor, his parents have to act on his behalf. You may want to consult with a plaintiff's accident and/or personal injury lawyer for specific legal advice with respect to the amount of damages you should demand and accept for your son's injuries and related expenses.
    Answer Applies to: Indiana
    Replied: 1/16/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    A burn-out in the fuse box would not cause an electrical shock. Rather, it sounds like there was a short in the lamp switch which caused the shock and when that happened, a fuse blew, which is what is supposed to happen. It would be very difficult to prove that the hotel knew or should have known of the defective switch. Were there any medical expenses? Permanent scars? Tell the insurance company you want $2,500. If they up their offer, take it. If they don't, take the $500.
    Answer Applies to: New York
    Replied: 1/16/2012
    Buff & Chronister, LLC.
    Buff & Chronister, LLC. | Curtis L. Chronister Jr.
    As guardian of your child, you will need to file suit on this case. However, if your son is not badly injured and not traumatized from the incident, you may want to try a counter offer of your own. If they offered $500, go with $2,000 - unless you acquired medical bills of any significant amount. Then play the haggling game with the adjuster until you are happy with their offer. If you are not happy with their final offer or you feel as though you should be compensated more than $2000 - then contact a personal injury attorney to see if they would be interested in your case.
    Answer Applies to: Georgia
    Replied: 1/16/2012
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    If there is no permanent injury to his finger thats not an unreasonable offer. You can always try to negotiate for more and there is no down side to asking for more as they will not pull the original $500 off the table. If there were medical bills, they should pay for them in addition to the $500 or more.
    Answer Applies to: California
    Replied: 1/16/2012
    Moody Jones Ingino & Morehead | Charles A. Morehead III
    Yes, your son may be entitled to compensation. If his finger healed up well, then you should probably take it as long as they pay for any medical care.
    Answer Applies to: Florida
    Replied: 1/16/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    If your son's fingertip does not have any scarring or other residual problems, and your are sure he has no other sequelae from the incident, then $500 is not a bad amount. You might try to ask for more by suggesting $1,000 and see if they're willing to split the difference with you.
    Answer Applies to: Florida
    Replied: 1/16/2012
    Counard & Heilmann Law Office | Michael Heilmann
    Any injury is compensated by the degree of injury. Hotels are not free and have a duty to their guest to inspect and remove hazards. If it is a minor burn without scars, then you may accept the money. If there is treatment or medical bills, then this is inadequate.
    Answer Applies to: Michigan
    Replied: 1/16/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    Take it, if the injury is not permanent.
    Answer Applies to: Iowa
    Replied: 1/16/2012
    The Margolis Firm
    The Margolis Firm | Charles J. Candiano
    The cause is not important. The injury is. If there is no scarring or nerve damage and no medical care, it is found money.
    Answer Applies to: Illinois
    Replied: 1/16/2012
    Broad Law Firm, LLC
    Broad Law Firm, LLC | Donald K. Broad
    As with most legal questions, the answer "depends." If you son suffered no permanent injuries from the incident and the $500 compensates for any medical expenses, then likely the $500 is reasonable. If, on the other hand, there are medical bills and permanent injuries, then it's probably not enough.
    Answer Applies to: Indiana
    Replied: 2/17/2012
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Tell them a lawyer said $1000, but you will take $850 if they don't haggle and make you go hire a lawyer.
    Answer Applies to: Montana
    Replied: 1/16/2012
    Tucker Griffin Barnes, PC | Yvonne T. Griffin
    Your six-year old may be compensated for his injuries just as an adult may be. Just as with an adult case, you will need to prove negligence on the part of the hotel and damages on the part of your son. Unlike an adult case, the statute of limitations is different for minors. Generally speaking in Virginia, a minor has two years after the date of his 18th birthday to file suit. Another difference between juvenile and adult cases is that some juvenile settlements must be approved by a circuit court (depends on the amount of settlement). Any settlement amount is based, in part, on the amount of medical bills you incurred on behalf of your son. Without knowing the amount of bills, I cannot tell you if $500.00 is a good settlement amount. Talk with a personal injury attorney. He or she will give you good advice.
    Answer Applies to: Virginia
    Replied: 1/16/2012
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    I am thinking you should get a lot more. That is usually the offer. However, this is all based on the damages, was he rushed to the emergency room, are there lasting effects that are making him see the doctor still? Those are all important things to know.
    Answer Applies to: California
    Replied: 1/16/2012
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