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I do have a legal question pertaining to an incident that…

Customer Question
I do have a...

I do have a legal question pertaining to an incident that occurred in McAlister ok. This was between me and a used hyperdurmic needle along with a bag of drugs placed in my hotel closet

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Jim in indiana and was on a three day TDY from Crane navel weapons station for training at McAlister army ammunition plant

Lawyer's Assistant: What steps have you taken so far?

I have had a police report taken, along with a trip to the emergency room for blood labs due to getting poked by this needle

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have tried to get a copy of the report from the hotel along with insurance information but have not been successful. And I am unable to get anyone to return my calls from the hotel regarding this matter.

Submitted: 2 months ago.Category: Legal
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Answered in 17 minutes by:
12/21/2017
Lawyer: Dwayne B., Attorney replied 2 months ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Lawyer: Dwayne B., Attorney replied 2 months ago

Is there a specific question with which I could assist?

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Lawyer: Dwayne B., Attorney replied 2 months ago

I am about to go offline for a while but will check in later.

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Customer reply replied 2 months ago
My question is if the hotel is liable for me getting stuck with a used needle. I have a understanding from my PCF that I'll have to be tested for several years to come.
Lawyer: Dwayne B., Attorney replied 2 months ago

They would likely be liable, assuming that you didn't insist on getting a room before they had a chance to clean it. The argument would be that when and if they cleaned the room correctly the needle should have been found and disposed of properly.

The problem that you have is one of when to sue for damages. You are only allowed to sue them once, so if you sue them now and get a judgment, it will be for a minimal amount. You're allowed to sue for the costs of being tested periodically, but you can't sue for "fear" of getting a disease. Therefore you don't want to sue now, get a minor judgment, and then later find out you actually did catch something from the needle.

So what you probably want to do is go pick out a lawyer, let them write a couple of letters and preserve the evidence and then wait until the statute of limitations is almost there to file a lawsuit.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. A bonus or "tip" is, of course, appreciated but neither required nor expected. Regardless, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Even if you are a subscriber or have a trial membership please leave a 5 Star Positive Rating so that the website knows I have answered your question.

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Lawyer: Dwayne B., Attorney replied 2 months ago

.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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