Typically these types of things are settled. If the guy wants something substantial though he will need to fight for it. (After all, this is a real world event, not
an UNKewl fable where mid to high six figures are paid out with even filing a lawsuit.)
There are some things that may be done to try to establish where that scorpion came from...versus if it came from where the guy lives.
And no Dan Druff, just because there is an alternate explanation
Originally Posted by
Dan Druff
For example, the scorpion could have hopped onto his suitcase at home or in the parking garage, and then got brought into the room, and crawled onto him at night.
He also could have intentionally brought in the scorpion, feigned the injury, and killed it and said it was already in the room.
does not mean this sort of claim fails automatically. There has to be some kind of evidence to support the alternate theory, or at a minimum some kind of motive, such as dire financial need, must be unearthed. Otherwise every insurance claim would fail when there are alternative theories for what happened.
Originally Posted by
Dan Druff
There's also the matter of the duty of care the hotel has regarding bugs in the room. Perhaps they could be held liable for an infestation they ignored, but single bugs are hard to prevent, and scorpions are not easily thwarted by usage of pesticides.
This too is incorrect. You're arguing that we can't even get past "Duty" as far as a tort claim? Of course there is a duty to provide a room free of dangerous insects, whether one or an infestation. This is a sealed hotel room it's not a villa or bungalow on the ground floor with French or sliding glass doors opening right out to the desert.
Duty isn't the stumbling block here. The question for the claim here as far as
Breach
Causation (actual and legal cause)
Damages
will be, as you allude, whether the Venetian was the actual cause of the scorpion. If you can get a jury to buy that, then legal cause (foreseeability, that he would be bitten), is a snap.
And then you have damages.
I'd think that he went and backed up the matter with some kind of medical treatment or examination? to show that he was in fact stung recently.
If this ends up being some kind of
severed finger in the chili fraud, it will come out. Absent that, his claim is worth something.