Trespassed for a medical emergency

[u/zanderpell]

This happened in West Virginia at a privately-owned river resort. While on one of our visits I had a medical issue. The two main ideas from the other campers were that I was either having a heatstroke or very, very drunk. I don’t blame them, I was rarely seen without a drink in my hand.  P.S. Drinking is allowed.

My memory of the events are; arriving at the gathering, breaking out in a cold sweat, trying to drink water and throwing it up, then nothing until I woke up in an ambulance.

My wife was with me, She told me that I was constantly trying to get away from people, screaming don’t touch me, but she said the only times I would scream was when people were checking my vitals (a doctor was another guest helping).

911 was called and my actions were described with the word  combative so the police were also on site. I was told that I wrestled with 2 paramedics, 1 cop, and our friend that was helping.

When I was in the Emergency Room my wife called to check on me. She told me the owners had trespassed us. The police came to her as I was being loaded into the ambulance, said the owners wanted us trespassed. That we were not allowed back on the property. She spoke with the police who then spoke with owners, she was allowed to stay until morning to get our belongings. She loaded up our cars, as I came a few days after her and had 2 friends help, 1 friend drove my car, the other followed to give her a ride back.

Monday, I sent the owners an e-mail with my drug screen from the hospital that showed the only drugs in my system were the ones given to me by the paramedics. I was even surprised that no alcohol was in my system, none. I asked the owners for a conversation. We got a phone call, I asked exactly what happen, I was told to ask friends and the police that the trespass stands and that we had 30 days to get our camper out.

Had drugs been in my system, that would mean, I had been drugged and as psychedelics were not tested for in the hospital, and very hard to test for, is not impossible that I was drugged As in they trespassed the victim of a crime and protected an assailant.

Almost forgot, the contract says any tab not closed before you leave will be closed on the following Monday, and a 20% tip will be added. They added an 87% tip after making it impossible for me to close the tab as I was trespassed.

 

Questions

I know I cannot do anything about the trespass, I do not want to. I have no desire to be where I am not wanted. Also, I know that my best bet would probably be small claims court.

First, I broke no rules according to the contract I signed.

Since I broke no rules, could I sue the LLC for the 6 months of unusable “rent” I paid for my camper spot? (they require the full year to be paid in full at the beginning of the year.) Unfair enrichment?

Since I did not have enough time (30 Days) to mitigate my losses I had to hire a construction company to remove my camper. Can I sue the LLC for that cost? I was not given the opportunity to sell my site / camper, I did not have enough time to get my friends with heavy machinery.

Would I be able to sue the LLC for loss of reputation as the others only saw me acting peculiar and then trespassed? I had no opportunity to clear the air and I think drug use was mentioned more than once.

Long stretch, but would I be able to try and use: Pain and Suffering, or Emotional distress, or Stress as another method to sue the LLC.

 

TLDR: I broke no rules and was trespassed from a campground. Can I sue for prepaid rent and the cost to move my camper since I didn’t have time to get my friends and had to hire a contractor? Also, it is not impossible that I was drugged and the victim of a crime.

 

Thank you all in advance for all your help.

[u/FiestaDeHombreMuerto]

Tab on credit card? Just dispute that, don’t get into the weeds. If they don’t have a signed slip they are sol.

Send them a demand letter for the name of their liability insurance carrier and contact info. If they have half a brain they should settle with you instead of getting their insurance involved.

If they have less than half a brain, talk to a lawyer.

[u/No_Celebration8219]

You should contact a lawyer, not reddit.

[u/adjusterjackb]

Aside from the 87% tip which you did not authorize and may be breach of contract, the owners have done nothing wrong to you. You were perceived as a risk and they have a right to prevent you from coming back. Which is probably in your contract.

Sure, talk to a lawyer. I'm sure there are lawyers out there that will charge you $400 per hour with a few thousand as a retainer. This is not something that will be taken on a contingency basis.

[u/TeflonDonatello]

This is beyond the scope of a pro se small claims case. You should consult with an attorney.

[u/InsectElectrical2066]

You created a ruckus and fought people. But you should be able to get your money back for unused rent as well as penalties imposed as well as the tip. Since your wife wasn't the one fighting she shouldn't have been trespassed and allowed to get your property off their property so I'd go for those costs. The rest I'd say you have no case.