When a business in New York fails to maintain the safety of its property and an invitee is injured as a result, that individual has the right to take legal action against the property. In one out-of-state case, a hotel guest alleged that he was injured by a needle at the trendy Mondrian Hotel. He filed a premises liability suit against the hotel, also alleging negligence. His wife is also named as a plaintiff and is suing for loss of consortium.
The man claimed that he was sitting on the couch in his hotel room when he accidentally dropped his cellular phone between a cushion and a couch arm. According to his complaint, he immediately felt his finger being pierced, causing him excruciating pain. When he drew his hand back, he reportedly saw that his index finger was impaled by a hypodermic syringe.
The plaintiff claimed he reported the incident to the hotel staff, and it was suggested that he seek medical attention. At a medical center, staff told him he may have been exposed to diseases such as HIV or Hepatitis C. The man was put on anti-HIV medicine as a precaution, but the medication reportedly caused him to vomit and become dizzy and nauseous. Doctors said he may also need to undergo Hepatitis C screening for several years.
The man asserted that the hotel refused to release the syringe to be tested, which caused him to experience post-traumatic stress disorder; he was worried he could have an infectious disease that could spread to family members. His wife avoided sexual intercourse with him for a year and asked that he stay away from their daughter and sleep in a different room from his wife. The pair are seeking an unspecified amount of damages in the premises liability litigation. Damages, if achieved from this type of case in New York and elsewhere, may help to cover medical costs and other documented monetary losses.
Source: mynewsla.com, "Mondrian Hotel guest sues, claiming he was stuck by syringe in couch", Hillary Jackson, March 8, 2016