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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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Very brief, I had lipo surgery under anesthesia and went to

Customer Question

Very brief, I had lipo surgery under anesthesia and went to a hotel afterwards for rest n recovery. I asked for a wheelchair accessible room n informed of my procedure when registering. one -two hours later the hotel in Boca Raton Fl, fire alarm system went off. I was still feeling effect is anest.. Called for help on phone to front desk, no answer. I struggled to get into my wheelchair to exit room. The room door opens inward in a narrow hall. Whith the wheelchair in front of door I barely opened the dood to get into hallway with a vomiting from surgery and extremely impaired. No one
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Customer: staff came. I yelled for help n I want to know if hotel staff is required to go to wheelchair rooms to offer assistance to exit hotel. Are they allowed to leave me stranded? I felt I was going to die in a fire without help from staff. Fire dept said was false alarm
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Customer: Did u receive my message?
JA: Has anything been filed or reported?
Customer: Only the hotel fire ala
JA: Anything else you want the lawyer to know before I connect you?
Customer: It was an official fire alarm in the WYNDHAM HOTEL Iin Boca Raton Fl. I told the front desk I was having lipo surgery n will be in a wheelchair
Submitted: 2 months ago.
Category: Legal
Expert:  LegalPro54 replied 2 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

The argument could certainly be made that they had a duty to check on you and assist you in evacuating since you put them on notice of your condition. However, even if you could prove that they had this duty and breached the duty, there is still no lawsuit here because, ultimately, there was no actual damage or injury. Under our civil justice system, you cannot sue for harms that might have happened or could have happened. You can only sue for actual damages that have been incurred. The panic and fear you understandably felt in not being able to quickly evacuate is not enough on its own for a jury to award money compensation.

I would certainly complain to the hotel management and to the hotel's corporate headquarters. They may comp you on your next stay or something along those lines. However, based on what you have described, there would not typically be any basis to sue as even if you could establish duty and breach of duty, there are not sufficient damages to warrant pursuing a claim.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.