Summary: Hotel Negligence Leads to Severe Brain Damage
This tragic premises liability case involves a woman who suffered an aneurysm in her hotel room while her husband was at work. After a severe cerebral rupture alone in her room, she collapsed to the floor near her bed behind hotel furniture. Her husband called the hotel to check on her after he had a bad feeling that something was wrong. Responding to the husband’s request, the hotel staff went and checked on her but only peered into the room and did not investigate further beyond the threshold of the hotel room door. The woman laid on the ground for over 10 hours, suffering brain damage until her husband returned from work to find her laying on the floor.
Due to the negligence of the hotel management and staff, the woman did not receive immediate medical care ultimately suffering permanent, disabling memory loss including the inability to form new memories and remember who she is.
Leveraging premises liability animations and medical exhibits jury awards a $63,000,000+ verdict!
Courtroom Animation’s forensic animation team were tasked with recreating the circumstances of the accident, demonstrating the perspectives and positioning of both the hotel staff and the husband when entering the room to check on her. The jury determined the hotel was negligent in their duty of care and failed to act, awarding the plaintiff over $90M in total compensation!
Hotel technician fails to enter hotel room to provide aid to injured guest
Challenge: Proving Negligence in Premises Liability Case
The plaintiff’s counsel argued that the hotel was negligent in failing to properly execute the hotel welfare check policy which could have prevented the hours of damage that occurred to their client. They claimed that the hotel staff failed to enter the room to investigate when the husband expressed his concerns. The challenge they faced was to highlight how the policies were improperly followed leading to the woman’s injuries. To do so, they needed to demonstrate that the staff had a clear and obvious opportunity to see the woman and provide aid to her. The hotel countered that they had no obligation to investigate beyond what was visible through the doorway and that the delay in obtaining medical care was inconsequential as the aneurysms damage was immediate.
Solution: Premises Liability Animation and Legal Graphics
The plaintiff argued that the hotel had a duty of care to ensure the safety and well-being of its guests. This duty extended beyond simply opening the door and calling out for her. The plaintiff’s counsel used demonstrative evidence, multiple accident recreation animations to show that the hotel staff had the opportunity to investigate and potentially save the woman’s life. Additionally, medical graphics, legal graphics, and other medical animations were used to prove that had the woman been found shortly after the initial call her condition would have been far better, as the problems that caused her memory loss could have been avoided or treated in their early stages.
Plan view showing proximity between hotel staff and injured guest
Result: $60 Million Dollar Verdict in Premises Liability Case
The jury found the hotel liable for negligence and awarded the plaintiff a verdict of $63+ million.
The jury determined that the hotel had breached its duty of care to the woman by failing to properly investigate her condition and potentially seek medical attention on her behalf. The use of demonstrative evidence and premises liability animations helped the jury understand that the hotel had a responsibility to take action beyond simply peering into the room. After two days of deliberation, the jury ruled in favor of the woman and her husband.
As reported by the Daily Journal, a total of $90 million in compensation included $9.5 million for future care, $41 million in general damages, $12 million for past pain and suffering, $29 million for future pain and suffering, and $10 million for past and future loss of consortium awarded to our client’s husband. Additionally, they are entitled to $30 million in interest. The liability vote was unanimous at 12-0, and on damages, it was 10-2, with two jury members advocating for additional compensation for the plaintiff.
The case serves as a reminder of the importance of fulfilling one’s duty of care, particularly in situations where the well-being and safety of others may be at risk.
The use of legal animations, legal graphics, premises liability exhibits, and other advanced visual solutions in the courtroom is a powerful tool for bringing justice and closure to victims and their families. If you have a case that involves complex personal injuries or motor vehicle collisions, receive a competitive quote and discover how our personal injury animations can support your civil case!
Homampour Law Firm