Civil Action against a hotel for Dengue contracted while staying at their establishment

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asked on Apr 13, 2016 at 06:11
by   vvleandrews
Hi all,

Per my question goes, my family and I went for a holiday in Malacca. While staying at this hotel, I got mosquito bites while unloading our luggages at the deserted carpark at the hotel's basement. This was the very day we checked-in. 

Two days later (while still checked-in), I developed high fever and went to the local clinic nearby which confirmed my fever to be 38.5 deg and asked me to return 2 days later for a blood test.

Following day, fever got terribly worse and we checked-out and returned to KL. Took a blood test in KL and confirmed it was dengue, secondary dengue that is. I was then hospitalised for nearly a week at a private hospital in PJ.

Extremely dissatisfied having gone for a holiday & returning with a dangerous illness, I wrote in with a huge complaint & demanded my hospital bills to be rightfully reimbursed by the hotel (my hospital bills were self-pay. The bill came close to RM 4k, with all receipts & supporting docs attached to proof my case) I was upset and felt that it was unjust for me to bear the burden of this cost when the hotel was not providing a safe and hygienic living environment. I felt it was negligence on their part for breeding aedes, what if my baby got bitten instead? I also found out that they did have dengue cases reported prior.

The hotel conveniently pushed my case to their insurance provider & after a long silence, the insurance provider refuted my claim as they quote, necessary pest control measures were taken. And that their last pest control was done 15 days before my check-in. There was NO mention of fogging the day prior or anywhere close to my check-in date. There was NO doctor's certification to proof that 15 days ago pest control are able to ward off aedes mosquitoes. I challenged the insurance provider and the hotel with these questions but they have washed their hands off my case. 

I am unhappy about this and would want to take a civil action against them.

My question is: 

1. Do I have a legit case and how likely am I to win if I were to pursue (as lawyer's fees aren't cheap)?

Thank you for your help!   
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5 Answers

answered on Apr 13, 2016 at 07:07
by   PWD Melaka
Did you take pics of the surrounding of the basement car park to show the cleanliness of the place.?
Pics of mosquitoes flying around and larvae in water logged areas?
Any water ponding at specific locations due to leaking pipes?
Any clogged drains around the premises?
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answered on Apr 13, 2016 at 19:38
by   vkpc
1. Do I have a legit case and how likely am I to win if I were to pursue

You will lose if you pursue this case because you cannot prove that no mosquito bit you just before the start of your holiday trip. 

The other "proofs" and documents does not matter when the above cannot be proven.

Be careful of greedy lawyers who will tell you "got good chance to win".
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answered on Apr 19, 2016 at 15:21
by   vvleandrews
Hi all,

So sorry, thought I replied but it didn't go thru my phone. 

PWD >> No, I did not take any surrounding pics or pics of mosquitoes as I didn't know it would transpire to this. However its a good measure to safeguard oneself henceforth! There are several major incomplete construction areas of the hotel, with cement, sand & building materials lying unfinished. That pose as a threat too. There is also 2 sizeable Koi pond feature where the incomplete construction areas are.

VKPC >> The only proof I have of me being healthy before my trip is, my condo had fogging done the Thurs before (2 days prior to my trip), and adjacent upcoming skyscraper has fogging done on Monday, which was 3 days prior. Every Mon & Thurs there are active fogging activities at my place where the smoke envelopes one another to steer absolutely clear of any aedes breeding (we had a case long before). I can obtain the 2 fogging reports as proof, will that help strengthen my case? As I'm very positive I had no bites beforehand.

Thank you!
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answered on Apr 20, 2016 at 01:48
by   vkpc
Already told you you have no case.
Get it into your head.
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answered on Apr 20, 2016 at 20:54
by   vvleandrews
VKPC >> You don't have to be RUDE. We are all learning here.
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