My brother registered in a hotel which claimed to be handicapped accessible. He was in a wheelchair. He fell off a hard plastic chair in the bathroom. The chair broke. He received an open wound. 4 days later he passed over as a result of a uti and sepsis. Bactery related diseases. Do we have a rightful claim to the hotel?
Falling then dying
- Thread Starter OLiG
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Just because the hotel claims to be handicapped accessible doesn't mean that they are responsible for damages. It's difficult to know how to respond without hearing all the facts. If the hotel wasn't handicapped accessible, did you try to go elsewhere. If not, why not?
What was a hard plastic chair doing in the bathroom and is it the hotel's fault that he fell off the chair? Why did it break? Should you have known that he shouldn't have been seated on that chair and in doing so contributed if not caused the problem?
These are all questions that will be asked of you. Your case is fact specific and the details are very important.
What was a hard plastic chair doing in the bathroom and is it the hotel's fault that he fell off the chair? Why did it break? Should you have known that he shouldn't have been seated on that chair and in doing so contributed if not caused the problem?
These are all questions that will be asked of you. Your case is fact specific and the details are very important.
Thanks for reply! And thanks for the questions. I can answer them.
I would argue the fact that if a business advertises a product, and a consumer buys the product based on that advertising that they would not hold any responsibility to injuries caused by that product.
No. There were no other hotels in the vicinity that had an accessible room. A major fashion convention was in the town and hotels were all booked.
The chair was a plastic pool chair that was simply worn out and broke. It would of broken on the next person who sat on it. Handicapped or not.
The chair was placed there because after check-in we realized that there was not a transfer bench. A plastic chair is the alternative used when there is not a transfer bench.
And certainly I did not know that this chair would break as it did not have any obvious defects.
Additionally, he had to sleep on a cot because the beds were too high for him to transfer on.
Again, thanks for your reply. Much obliged. So long.
I would argue the fact that if a business advertises a product, and a consumer buys the product based on that advertising that they would not hold any responsibility to injuries caused by that product.
No. There were no other hotels in the vicinity that had an accessible room. A major fashion convention was in the town and hotels were all booked.
The chair was a plastic pool chair that was simply worn out and broke. It would of broken on the next person who sat on it. Handicapped or not.
The chair was placed there because after check-in we realized that there was not a transfer bench. A plastic chair is the alternative used when there is not a transfer bench.
And certainly I did not know that this chair would break as it did not have any obvious defects.
Additionally, he had to sleep on a cot because the beds were too high for him to transfer on.
Again, thanks for your reply. Much obliged. So long.
I'm no law type individual really.. 
I think the def. of handicap "accessible" would be determined in that city/states codes, or hotel laws... Accessible could mean doors big enuf to accomodate a wheelchair, ramps to all exits and entrances, things of that nature.
Advertising....... HOTEL FOR HANDICAPPED PEOPLE, well..... I think then they would need more options for the person needing them.
Advertising at the bottom of the brochure, handicapped accessible, doesn't mean the same things......
I work in the medical field, but only for paper reasons, no medical schooling at all. ... UTI's aren't usually formed in 4 days, as result of a cut or fall. I can't comment on sepsis, cuz I really haven't read up on it yet... While both can contribute to death, I would look at the facility he went to after the fall, and why they didn't treat the infections properly.
Ok, i'm finished now.. hehe
I think the def. of handicap "accessible" would be determined in that city/states codes, or hotel laws... Accessible could mean doors big enuf to accomodate a wheelchair, ramps to all exits and entrances, things of that nature.
Advertising....... HOTEL FOR HANDICAPPED PEOPLE, well..... I think then they would need more options for the person needing them.
Advertising at the bottom of the brochure, handicapped accessible, doesn't mean the same things......
I work in the medical field, but only for paper reasons, no medical schooling at all. ... UTI's aren't usually formed in 4 days, as result of a cut or fall. I can't comment on sepsis, cuz I really haven't read up on it yet... While both can contribute to death, I would look at the facility he went to after the fall, and why they didn't treat the infections properly.
Ok, i'm finished now.. hehe
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