I want to know if I should pursue a lawsuit due to a fractured foot at a Las Vegas casino and hotel?
Sep 21, 2009 in
Injuries
jatbright@sbcglobal.net asked:
I stepped into the Excalibur’s hot tub and instead of expecting a step, there was a seat. I lost my balance and fell forward fracturing the 5th metatarsal on my left foot. Immediately following this incident, two employees from the hotel came down and placed a barricade around all three sides of the hot tub along with caution signs. We did not report it as soon as it happened because we thought it was just a sprain. About an hour later, the swelling got worse and I was unable to walk without pain. Spent 6 hours in the Las Vegas ER room. We reported the incident to the hotel upon our arrival back from the hospital and a report was made. I was told to write out my statement by the security officer, he took a picture of my foot and handed me a card with the hotel’s Risk Management number on it and said that they would be in touch. I called after getting back home and they told me to send all medical records and any other documents pertaining to this incident along with any out-of-pocket receipts and their corporate office would review it and get back with me.
Las Vegas Club Passes
I stepped into the Excalibur’s hot tub and instead of expecting a step, there was a seat. I lost my balance and fell forward fracturing the 5th metatarsal on my left foot. Immediately following this incident, two employees from the hotel came down and placed a barricade around all three sides of the hot tub along with caution signs. We did not report it as soon as it happened because we thought it was just a sprain. About an hour later, the swelling got worse and I was unable to walk without pain. Spent 6 hours in the Las Vegas ER room. We reported the incident to the hotel upon our arrival back from the hospital and a report was made. I was told to write out my statement by the security officer, he took a picture of my foot and handed me a card with the hotel’s Risk Management number on it and said that they would be in touch. I called after getting back home and they told me to send all medical records and any other documents pertaining to this incident along with any out-of-pocket receipts and their corporate office would review it and get back with me.
Las Vegas Club Passes
Mail this post Like this post? Subscribe to my RSS feed and get loads more!
3 comments
Sexy house music on September 23, 2009 at 5:15 am
sounds like the proper proccedure because they are willing to pay for it it sounds like it. you won’t win much other than medical bills..what will you claim..seriously? mental distress over a fractured foot-yeah good luck with that one… and for the record fractured isn’t the same as broken…so ya know…
you don’t have much of a case because again…you stepped into the hot tub..wasn’t the chair there before you went in? your story won’t win you the millions it sounds like youre seeking.
Buggy on September 23, 2009 at 10:22 am
Well it seems like they’re going to take care of all of your bills. I would wait until the corporate office is done reviewing your situation. If they get back to you and say that they aren’t going to give you anything, then maybe consider suing for the ammount of your medical bills. On the flip side, if they tell you that they are going to pay for everything, let them. Just don’t try to be greedy and sue for a rediculous amount of money. Good luck!
Jen on September 24, 2009 at 8:57 am
You are the one who got into the hot tub without looking. They didn’t do anything wrong, they had an amenity available which was functioning and by all standards safe, and the staff was quick and attentive. In addition to having not done anything wrong, their office is concerned about your out of pocket expenses. Surely they have insurance, just like home owners, so that when a guest is injured their expenses are covered. My guess is that they would have to submit an insurance claim before you receive any payout. I really don’t think you have a case at all. You would have to prove real negligence on their part.
Also SexyHouseMusic, a break is a fracture. “Fracture” is the professional word, and “break” is the layman’s word. Both words describe the same thing. Don’t know why you thought that it was an issue here.