My father was a living in a motel where he passed away 3 months ago of diabetic ketoacidosis. I am not positive if he had a phone in his room or not but his death could have been prevented if he was able to call for help. I know he had a cell phone, but it was a poor cell phone then didn't hold a charge and when I went through it to see his last phone calls or texts there were no 911 attempts or texts going out for emergency so I assume his phone died and was unable to get it on the charger. So if there was no phone provided in his room do I have a case?
Personal Injury Lawyer
Sorry for your loss. Unfortunately, I do not believe that you have a case (certainly not one with the potential for success). Aside from the fact that there is likely no statutory requirement that a hotel provide a telephone in every room [ it is really a voluntary "guest accomodation"], in a negligence/wrongful death case to get compensation you must not only prove that the defendant was "negligent" (failed to act as reasonably expected under the circumstances), but also - and this is important - that said negligence was a "proximate cause" of the injury or death. It would likely be virtually impossible to prove that if a phone had been provided in the room, that your father would have been able to actually make a call; or even make a call in time to prevent his demise. The fact that he had a cell phone essentially negates your theory, anyway.
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Car / Auto Accident Lawyer
Though phones are typically placed in all hotel rooms I don't believe they are required.
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Medical Malpractice Attorney
I honestly don't know, and would guess not. Assuming the hotel was required to have a phone, with diabetic keto-acidosis, your dad still would have had to be able to call someone on a timely basis for there to be a case. I am so sorry for your loss. It would be a good idea to call does wrongful death cases. lt sounds like a real stretch to make a case based on the facts you provided.
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Personal Injury Lawyer
They probably are not required to have a phone in the room by statute. However, what is the standard in the industry? What was the hotels plan to aid those in danger or with health problems. Talk to a local attorney.
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