What are my rights if I’m an amputee and slipped and fell in a hotel bath?

I asked for an accessible room and they said OK. However, upon getting a room it really was handicapped equipped; there were no bars or anything to hold onto in the bathroom. Doing research on the company, I found out they own a couple of other companies. Due to my pain and suffering would it be reasonable to ask for something from one of their other businesses (in lieu of suing them or taking them to court)?

Asked on June 15, 2014 under Personal Injury, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can *always* ask for compensation, but unless you sue, that is voluntary on their part--it's up to them whether and what to offer.

If you were not injured, then you would have no viable legal claim, even if the company is at fault (see below): the civil courts (i.e. not criminal) are not there to punish wrongdoing primarily, but to offer compensation for injuries, damages, costs, etc. Even if there was fault, with no injury, there's nothing the court can give you.

If you saw the room lacked grabbed bars but did not complain to the desk and seek reassignment to a room that was actually accessible, but instead used the room as is, that could be taken to make the fault yours: you accepted what you were given and chose to use it, which means you take responsibility (at least in part) for what occured.


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