A couple from New York City checked in a five-star hotel expecting to have a comfortable and luxurious stay after a day’s work but unfortunately, the wife tripped and fell on their hotel room the day they arrived. The wife attributes the accident to the duvet cover being improperly draped on the floor by the hotel’s staff, which she claims created a tripping hazard. Her husband brings a derivative claim for loss of services. The Hotel requests to dismiss the complaint on the grounds that there are no issues capable of trial because the couple cannot establish a legitimate case of negligence thus, the Hotel does not owe the couple a duty.
Sources revealed that around six in the morning, the wife checked in as a guest in a Hotel located at Madison Avenue, New York. She checked in at the bell desk and went straight to work without going up to the room. Her husband arrived separately later that evening at around nine in the evening. Upon entering the room, he threw his bag on the floor, turned on the lights, and began reading the New York Times for about 20 to 30 minutes and he did not recall using the bed.
At approximately ten in the evening, the wife returned to the hotel after attending an industry dinner. Her husband was waiting for her in the hotel room and was still reading the newspaper in a chair. The wife recalled that when she entered the room, the bed was made and there was a duvet cover on it. The bed appeared very low to the ground as if the bed frame was missing and the bed was sitting on the floor. She noticed that there was very little lighting in the room, but did not remember where any of the lighting fixtures were located and could not describe any of the other furniture in the room. She went to the bathroom to undress and she walked over to kiss her husband. When walked back towards the bathroom, she allegedly tripped over the duvet cover, which she claims was touching the floor. She fell forward to the wall and floor resulting in alleged injury.
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