Baby Almost Killed

[kyuss]

My question involves injury or loss that occurred in the state of:
setting: staying at a major hotel chain in a major downtown city up north.
Incident: Shortly after we arrived my baby (10 month) was pulling on the bottom drawer of a dresser.. This dresser had a very large crt tv on in it.. I was lying in bed watching t.v. and my baby.. While my wife was walking towards the dresser. It started falling over while he was opening the drawer. My wife reached out and tried to stop it but it was too heavy.. As it came crashing down it hit the hotel desk chair and slowed a little, giving me a split second to hold onto the tv before the whole thing crushed my child.. One of the drawers pinned him down on his leg for a few seconds before I could get the whole unit upright..
My wife immediately called the desk to call 911.. After the balling stopped and the EMTs arrived, it looked like he was only bruised but the medical team suggested we take him to the hospital..
He is fine now, but my wife and myself are still pretty freaked out.
A few facts: The hotel people were completely uncaring about the whole situation.
After saying they would comp our rooms, we had to hassle with Expedia and the hotel manager for almost a week before they took care of it. At one point, the manager told Expedia that he didn't say the room charges were free.. Total dick.. Someone must of got a hold of someone higher up cause the next day the charges were dropped..
The dresser was about 38" high and the t.v. was bolted to the top.. I looked on the back of the dresser and there was 2 long skinny screws sticking out the back.. The wall it was up against was brick or concrete.. (old downtown building).
my wife and I have never had to use a lawyer for anything. We are pretty low income, and we don't know if we could afford a lawyer..
My child was almost crushed to death and I just can't stop thinking about it.. It's been a week and I'm still scared and pissed.
My question is how far should we take this. Should we just be happy that he is still alive. Should we make them pay for the hospital visit or go even further than that?
This could happen to someone else and there lazy attitude about the whole thing makes me feel like they aren't going to change the way they have the tv/dresser set up.. all the rooms are the same. and this tv sits more towards the front than the middle.. So its not only top heavy but all the weight is towards the front.. and its only held to the wall by 2 screws. I have no idea what the deal was with ours.. Its obvious a 20lbs baby can't pull a secured dresser off of a wall..

[cyjeff]

What monetary damages have you suffered as a result of this incident?

While I realize that you are scared, but you didn't suffer any real damages. Courts are not in the habit of penalizing folks for things that could have or almost happened.

[Betty3]

Agree, I don't see where you suffered any monetary damages. You said your son was only bruised & fine now - let's just be happy about that.

I don't really see anything to sue for. You might ask if they will pay for the hosp. visit though it seems they did drop your room charges.

[kyuss]

thank you for the replies.. They actually have offered a small (very) sum plus medical..
I just think somehow they should be punished for having such a dangerous hotel.
My kid came within a second of being crushed to death, and I just have this helpless feeling about he whole situation. I want to hit someone. They were totally negligent and someone needs to be accountable in some way.
It's going to take someone getting seriously hurt before they change their tv/dresser setup...

[LawResearcherMissy]

They were totally negligent and someone needs to be accountable in some way.

Given that they've comped your room AND offered to pay for the hospital visit and a small additional sum, I'm failing to understand what else you want.

Yes, your child came within a hairsbreadth of being seriously injured or even killed. Yes, I completely understand your fright - I'm often amazed that my own kids have made it to 12 and 16 in one piece, for all the mischief they've managed to get up to. Stitches, CAT scans, scratched cornea, the works. It happens.

But...it's done. What more can you possibly expect? They've been alerted to the problem and it's now up to them to remedy it. Most likely, they will, asshattishness of the front desk jockey notwithstanding.

Go snuggle your baby and kiss his fuzzy little head and relax. Let this go. In ten or twelve years or so, when you're dragging him to the ER from baseball practice because he wiped out sliding into home or got his bell rung by a ball, you can tell him to suck it up and walk it off, he already survived getting a TV dropped on him, he's tougher than he thinks. He'll laugh, you'll laugh, and it will be fine.

[jk]

asshattishness
.

asshattishness?

[aaron]

It's one of those "online community" terms, referencing how deep his head is up his... well, no need to be too vivid. There's also a common variant that ends in "clown".

I'll add this: The three parts to a "good" lawsuit are clear liability, significant damages, and collectability. Here we can assume you have the first part (a serious condition in the hotel room that they knew or should have known about, and a duty to provide a safe room to their guests) and the last part (they're likely well insured and have money to pay a judgment), but minor damages.

But here's the thing: Minor damages are a good thing. Serious damages may get you lots of money, but that can be very small consolation. I would much rather read a thread called "Baby Almost Killed (and all I got was this lousy t-shirt" than the shorter thread title, "Baby Killed", even though with the same facts that latter title would have people telling you that you had a good chance of a big settlement or verdict.

[jk]

=aaron;264101]It's one of those "online community" terms, referencing how deep his head is up his... well, no need to be too vivid. There's also a common variant that ends in "clown".

that is the term I am familiar with. Must be a locality thing.

I'll add this: The three parts to a "good" lawsuit are clear liability, significant damages, and collectability. Here we can assume you have the first part (a serious condition in the hotel room that they knew or should have known about, and a duty to provide a safe room to their guests) and the last part (they're likely well insured and have money to pay a judgment), but minor damages.

Not intending to start an argument and not trying to be disparaging of the OP but; a child tipping over a dresser with a TV on it by opening a drawer? It seems to be beyond the realm of physics unless this was a very large child and the child actually climbed into the drawer.

the screws may be evidence of a known problem though.

obviously not enough info to make an informed decision.

But here's the thing: Minor damages are a good thing. Serious damages may get you lots of money, but that can be very small consolation. I would much rather read a thread called "Baby Almost Killed (and all I got was this lousy t-shirt" than the shorter thread title, "Baby Killed", even though with the same facts that latter title would have people telling you that you had a good chance of a big settlement or verdict.

even worse; baby killed; chance at big settlement; ended up with the equivilant of "all I got was this lousy t-shirt"

[kyuss]

I never said I wanted any money. We just felt screwed over and wanted some advice.
And the physics are easy to understand.. The dresser was tall, and it had a 100lb tv on the front edge of it (so it could be rotated) I checked it after the incident and I only had to pull on it slightly to knock it over.

[jk]

Didn't mean to sound non-believing. I was simply having problems seeing it. Still do but will accept the situation as you state.

as to not wanting money;

what do you want? All a court can give you is an award for money. If you do not want money, then why make the issue about the promise of comped rooms and then not and then the arguement to get them comped?


Sorry but this really is all about the money. That is what is sought in a suit. They cannot remove the bruise. They cannot turn back time. They can only attempt to compensate you for damages which is converted to a dollar value i.e. money.

If you don;t want to seek money greater than what you have been offered, then just take what they have offered and go on with life. As you have seen by the others postings, this is not a big award suit. The costs would most likely outweigh any award.