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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100531
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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On 2/16/13 I was in a hotel room in the Media One Hotel in

Customer Question

On 2/16/13 I was in a hotel room in the Media One Hotel in Dubai. The bath tubs in this hotel are raised off the floor with no wall hand rails. There is approximately a three foot step dow out of the tub to the floor. I fell from the tub to the marble floor, hit my head and crushed my right shoulder. I spent one week in the Canadian Specialist hospital in dubai and had a surgery that lasted eight hours resulting in a metal plate and nine screws. I came back to the US and eventually had another surgery to remove loose bone fragments and reattach a muscle to the shoulder. A third surgery was done on my right wrist to repair torn cartiledge and a tendon. A fourth surgery is planned for my left wrist due to my hand going dead. I have been going to therapy for months with little results. Anything that takes two hands I cannot do and even brushing my teeth with my right hand is difficult. My right arm measuring at the elbow barely moves above my waist. The arm will never be the same and working is difficult. I hold the hotel liable and would like conpensation since I do not know how much longer I can work. Is it possible to sue the hotel?
Submitted: 3 years ago.
Category: Legal
Expert:  Ely replied 3 years ago.
Hello friend. My name is Ely, and welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me what state in the USA you are located in?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.


I live in Texas

Expert:  Ely replied 3 years ago.
Thank you. You have two ways of going about doing this:

Suit in Dubai. You would find an attorney in Dubai and sue there. This is not recommended, as UAE Courts generally are known to discriminate against foreigners and not actually being there, you really do not know what your attorney and/or the Courts would be doing, and/or what the negotiation would entail.

Suit in the states. This may be a more reasonable option. Although Texas may not have original jurisdiction here because the accident occurred in Dubai, the Court in Texas may be persuaded to take the case if you can show that you would never get a fair trial in Dubai.

Under Texas law, the hotel owed you a duty for a safe room. They failed, and were negligent in it. The elements of a negligence cause of action are

(1) The defendant owed a legal duty to the plaintiff,
(2) The defendant breached that duty, and
(3) The breach was a proximate cause of the plaintiff's personal injury or property damages.

D. Houston, Inc. v. Love, 92 S.W.3d 450, 454 (Tex.2002).

You may have a suit for negligence here. Upon getting judgment, you may be able to enforce it in any state if the defendant has holdings in the USA, or attempt to register it elsewhere where they do.

An attorney is recommended. May I recommend the Texas Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

I hope this helps and clarifies. Best of luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 3 years ago.

I live in Texas.

Expert:  Ely replied 3 years ago.
Hello,

I think our replies crossed each other's and you may not have seen my answer. I will post it below again:

- - -

Thank you. You have two ways of going about doing this:

Suit in Dubai. You would find an attorney in Dubai and sue there. This is not recommended, as UAE Courts generally are known to discriminate against foreigners and not actually being there, you really do not know what your attorney and/or the Courts would be doing, and/or what the negotiation would entail.

Suit in the states. This may be a more reasonable option. Although Texas may not have original jurisdiction here because the accident occurred in Dubai, the Court in Texas may be persuaded to take the case if you can show that you would never get a fair trial in Dubai.

Under Texas law, the hotel owed you a duty for a safe room. They failed, and were negligent in it. The elements of a negligence cause of action are

(1) The defendant owed a legal duty to the plaintiff,
(2) The defendant breached that duty, and
(3) The breach was a proximate cause of the plaintiff's personal injury or property damages.

D. Houston, Inc. v. Love, 92 S.W.3d 450, 454 (Tex.2002).

You may have a suit for negligence here. Upon getting judgment, you may be able to enforce it in any state if the defendant has holdings in the USA, or attempt to register it elsewhere where they do.

An attorney is recommended. May I recommend the Texas Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

- - -

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)

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