Motel 6 Umbrella beating

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Sep 20, 2018
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#1
in the early summer of 2017, I was lounging poolside in a chair at the Motel 6 in Colorado Springs watching granddaughter swim (3rd consecutive week as registered guest). Suddenly all the umbrellas on the side I as sitting were lifted about two stories up into the air by the wind. They actually hung there moments it was...almost magical. Then when the one next to me started to fall i looked at the one i was under. it whipped around and all i saw was it slap itself closed andthat big wooden ball at the top of the the umbrella. Next thing I i was on my back, knocked out of my chair and heard the glass as it continued through the pool area's glass retaining wall. This injur y caused soft tissue damage only (thanfully!) however, the contusions tomy chest, shoulder and back from being knocked out of my chair have been deemed "inconvenient" although painless. They have offer to pay my medical bills of 5K and 1-2k for the inconvenience. its worth noting that i was here alone with my granddaughter, had to relocate to another hotel immediately, had to have someone one bathe and dress and care for us both for 5 days until my family could arrive. Anyone who has every had a chest contusion knows that every single breath is painful and the deep ones required to prevent the chest infection are excruciating. it took weeks to heal and breathe normally. additionally i wittnessed how they permitted the continued disregard for safety and human life for the remaining two+ months of the season AFTER i was injured. There is also documented history how these umbrella anchors have been a ongoing danger for several years and motel 6 decided to just repair the glass retaining wall vs. properly anchoring the umbrellas. Motel 6 also claims they may not have been solely reliable, however, there were no significant insurance claims made for wind damages that day in that zip code or any of the immediate surrounding areas. There were also mental therapies used for the grandchild who witnessed the entire event, and all its consequence, to this day she repeatedly states 'thought you were dead", but no longer throws a fit passing by the scene. I have photos of injuries to chest wall, shoulder and back. I also have statements from eye-witnesses to the event, witnesses who had seen these improperly anchored umbrellas cause property damage FOR YEARS in the past, and witnesses who saw the umbrellas blowing around the remainder of the season, including myself.


PS. I get a server error with every photo or video i attempt to attach.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
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www.promalvacations.com
#3
I agree with Chris - you most likely might have a case but you need an attorney to sue and you will be dealing with a statue of limitations on how long you can file in your state.

I suggest you look for a personal injury attorney in your area as soon as possible. Most will take your case without charge if they think you have a case they can win.

This might help:

https://www.nolo.com/legal-encyclop...ns-is-it-too-late-sue-faq.html#answer-1742873

Good luck.
 
Sep 19, 2015
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#4
."..there were no significant insurance claims made for wind damages that day in that zip code or any of the immediate surrounding areas".

How would you know this?


"There were also mental therapies used for the grandchild who witnessed the entire event, and all its consequence, to this day she repeatedly states 'thought you were dead", but no longer throws a fit passing by the scene. "

So what are the damages? Are you saying that the grandchild has a lifelong trauma?

What do you want from this page? It sounds like you are gearing up for a lawsuit, getting witness statements and such. If you are not satisfied with what is being offered, there is little advice we can give. This is beyond consumer advocacy, consult a personal injury attorney, as Chris in NC and Neil have stated.
 
Sep 27, 2017
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#5
I'd consider taking what Motel 6 was offering. I was in an auto accident a year ago with similar injuries. I was also required to have extensive tests -- two MRI's and a CAT. I settled out of court for $9000. If they are offering $6k to $7k without involvement of attorneys and can give that check to you NOW instead of months later without haggling between attorneys, it might be your best bet (FWIW, my case was put to bed almost a year to the day after my accident). Many attorneys do a free initial consultation, so it might not hurt for them to take a peep. Just remember, their average take is 40% (for the ones working on a contingency basis) and hiring an attorney will tie things up for at least a few months.
 
Mar 17, 2015
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#7
You may try asking for a bit more, initial offers are just that, and then if they say no, take it to an attorney. A reputable attorney will not take your case if they do not believe they can possibly attain a higher settlement. The lawyer can not guarantee anything, but will have experience to base an opinion on.
 
Sep 19, 2015
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#9
Contingency fees vary usually between 30 and 40 percent and also one needs to take into account the expenses that will be reimbursed — expert reports etc.

One can always consult with more than one attorney to see what the going rates are in an area. And as pointed out by CCGormand any payments from insurance may need to be reimbursed.
 
Likes: Neil Maley