Legal Question in Personal Injury in Indiana

Negligence caused the emotional distress

A friend of mine was stabbed in the forefinger by a hypodermic needle concealed in the tube of a roll of toilet paper while being a guest at a hotel.He fears that he might have been infected by AIDS. Can he win the suit if he sues the hotel for damages to compensate her for emotional distress he suffered after the needle stab? Does the hotel has a duty of care toward its customers? If it does, based on what general principle? How to prove that he got the emotional distress?


Asked on 11/01/99, 4:58 pm

1 Answer from Attorneys
Marvin Coffey Marvin E. Coffey Attorney at Law

Re: Negligence caused the emotional distress

Negligence in Indiana is based on fault. There is not strict lability in this situation. You would have to prove that the hotel knew or should have known that the needle was there. An investigation would be needed in order to determine if facts existed which would support fault on the part of the hotel.

Emotional distress can be awarded in certain cases. Under Indiana law you would be required to present expert testimony that within a reasonable degree of medical certainty that the emotional distress was caused by the negligence. A Psychiatrist or Psycholgist would be needed for this.

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Answered on 11/03/99, 9:18 am


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