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

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption