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Legal issue...
The young gent (late 20's, married) who sits next to me confided that when he was on vacation in Seattle he stepped on a discarded needle (syringe) in his hotel room. You can imagine what happened next - emergency room, antibiotics and test and more test.
Even though the chances of contracting something nasty are very small it is and has impacted his life - days off...ruined vacation and now waiting...not to mention his relationship with his wife. Neither he or I are litigious people but had they cleaned that room he would have been spared a miserable few days...I said get a lawyer and see if you can get them to make it right... His answer...How do you get a lawyer in Seattle? (We are in Pa.) I don't have a lot of money- you know my wife is going back to school. Will they do it on contingency? This is a great kid -Any thoughts? |
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If he does need an attorney, he should contact a Pennsylvania attorney and explain what happened. They will handle it from there. Best of luck. |
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Most insurance companies would be happy to settle this without attorneys for lost wages, medical and a small sum for pain and suffering. Just contact the hotel and its corporate headquarters. However, given that we're talking a needle stick, absolutely refuse to take any settlement for six months since it can take that long for the AiDS virus to show up. If there are no further repercussions, all you're doing is making money for attorneys. Even contingency attorneys charge for costs, including phone charges, copying fees, court filing fees, depositions, etc. it adds up quickly.
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Did he keep the syringe? Did he speak with the manager when it happened?I think I'd start with getting it tested. Assuming he's okay, I'd consider myself lucky and call it a day.
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Contact a PA Attorney
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I agree with most. However, if he did not report it to the hotel management immediately, he is probably not going to be able to get anything at all. It would have to be up to him to be able to prove the syringe was in the hotel room. Their insurance company could otherwise say the needle stick was done anywhere in Seattle and not at their hotel.
I used to work in HR at a medical center. Needle sticks had to be reported immediately and noted in a file. Testing for Hepatitis was mandatory. That was before AIDS. If a person came down with Hepatitis, workers comp would pay off since the needle stick was noted on the day it happened. |
FYI he did file a report with the hotel management immediately
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No not yet...
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Be sure he files a claim soon. Not sure what the statute of limitations is in Washington but it is thirty days (or less) in some states. This is not filing a lawsuit, simply putting the company on notice that there is a potential claim. Usually, a certified letter giving the facts and out-of-pocket expenses to date is considered sufficient. You shouldn't have to put in a request for amount of possible settlement since all damages are not presently known.
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Notice of filing a claim statutes primarily to filing claims against municipalities. Never heard of one that was as short as 30 days and it certainly can't be confused with the statute of limitations, which for injury claims in Washington is 3 years the same as filing a notice of claim. Washington State Personal Injury Laws & Statutory Rules - AllLaw.com Stuff that gets stated as facts on this site is literally amazing! |
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A syringe and a needle are two different things. I am assuming that he stepped on a syringe that had a hypodermic needle attached to it. It's hard to imagine how a maid didn't see that laying on the floor, and it's also hard to imagine how he didn't see it either, but I guess if the room had a deep pile carpet it could happen. That being said, I googled Seattle personal injury lawyers and came up with pages and pages of them. The lawyer should also attempt to find out the previous occupant of the room. Whomever left the syringe on the floor is negligent also.
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This tort guide might help clarify the terms.
Frequently Asked Questions FAQ - Torts
I hope your friend will look at this frequently asked questions on torts. |
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The one open question is whether the individual secured the syringe and is the single most important issue here. I was an insurance guy but in this situation I would advise this individual to employ the services of an attorney because of the distance between Washington and Pennsylvania, and because the legal department of this hotel may well play hard ball. The syringe may have been used by a person who is diabetic or a drug user? The user may have been a guest or an employee of the hotel. The liability issue doesn't set well for the hotel and the injury was caused by the negligence of the user of the syringe and the hotel's failure . the injury in this case could be disease and/or the psychological implications of potential disease as well as any physical injury
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