Do I have a legal case against an hotel for garbage, including pills, that were not cleaned out of our room?

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Do I have a legal case against an hotel for garbage, including pills, that were not cleaned out of our room?

While staying at a very high end, well known brand of hotel I found my 13 month old chewing on large debris multiple times plastic clips, ties, etc. After I removed the second object from his mouth, I searched the entire room and subsequently found additional objects on the floor, including a pill. It must be noted that none of these objects were ours and this was all following the daily housekeeping staff cleaning the room. All items must be assumed to have been from previous occupants of the room. This incident left me terrified to take my eyes off of my child for the remainder of our stay even going so far as to check on him multiple times over night

which led to my complete lack of sleep and enjoyment of this trip. The hotel has offered the sum of $100 to dismiss them from all liability for these incidents but I believe this to be an insulting sum. Is it worth pursuing this from a legal standpoint?

Asked on November 1, 2016 under Personal Injury, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, you can't sue for lack of enjoyment or lack of sleep, or for what might have happened (i.e. potential injury from ingesting something harmful)--the law only provides compensation in cases like this for actual, provable, quantifiable phsyical harm or economic loss that did in fact occur. Therefore, if you were to try to sue, you would not recover anything; that being the case, you may as well take the $100.


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