Had an issue with dirty bedding at a hotel, we asked for new sheets but were informed by management that the sheets always look like that. My father was hospitalized 2 days later with a skin infection and we believe it was from that bedding. If we need to file a claim would we need to do so in our home state or in the state of the hotel we were in and how would we need to proceed? Help would be appreciated.
The claim can be submitted from anywhere. A lawsuit would have to be filed in the State where the hotel is located unless you can gain jurisdiction elsewhere depending on the Rules of Procedure. Consult an attorney near you first for an evaluation of the potential value of the case and the likelihood of winning.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Tackett is licensed to practice in the Commonwealth of Virginia and the State of Ohio. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Tackett is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
Jurisdiction is complicated. Your lawyer will guide you. If you file without having proper jurisdiction your case may be dismissed and you may lose the ability to refile.
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