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Are motels required to provide phones in the rooms?

Aurora, CO |

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?

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Attorney answers 7

Posted

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.

Asker

Posted

Thanks I really appreciate your concern and advice.

Posted

You don't need a probate attorney. You need one who litigates wrongful death claims. I changed your practice area to get your question in front of the right type of lawyer.

Asker

Posted

Thank you, I appreciate your help.

Posted

I am sorry for your loss. Phones are routinely located in most hotel rooms but are generally not required.

Asker

Posted

Ok, thanks for your help and concern.

Posted

Though phones are typically placed in all hotel rooms I don't believe they are required.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

Asker

Posted

Thank you.

Posted

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.

Asker

Posted

Thank you Mr. Tolin, I appreciate your advice.

Josh P Tolin

Josh P Tolin

Posted

No problem. Good luck to you.

Posted

They aren't required, but have a local wrongful death lawyer investigate.

Asker

Posted

Thanks

Posted

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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