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Head Injury caused by Sheraton - Hotel not accepting liability

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Head Injury caused by Sheraton - Hotel not accepting liability

 
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Old Jul 14, 2010, 11:35 am
  #151  
 
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Originally Posted by PTravel
Do a search on "ostensible agency."

And mine is that it is foolish to rely on non-lawyers for opinions about law.
Perhaps the most foolish thing of all is for a lawyer to give legal advice about the law of jurisdictions to which he is not admitted.

I'm familiar with the concept of apparent agency, thanks. And maybe the OP will find a lawyer who can find a way to bring the case in a jurisdiction that recognizes apparent agency as a basis for vicarious liability for negligence. Or maybe he won't. But the whole problem would've been avoided if the OP had made sure his girlfriend had proper insurance instead of assuming that American law would protect them on their travels 7000 miles away.
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Old Jul 14, 2010, 11:58 am
  #152  
 
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Originally Posted by F0CUS
If Starwood doesn't govern their hotels and set some level of standard for insurance/compensation then what benefit do I have with regards to safety versus staying at any random hotel in China?

Starwood brands itself as a single company or at least as a parent company, shouldn't it act accordingly?

Suppose the exact thing happened at, say, a local Mercedes dealer. The liability would be the responsible of the locally-owned dealership, not with Mercedes -- even if all the branding is by Mercedes.
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Old Jul 14, 2010, 1:20 pm
  #153  
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This is thread is more tragic than the real housewives of New Jersey! And just like the RHONJ, I can't tear myself away. Every time a new post is added, I'm right here!
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Old Jul 14, 2010, 1:36 pm
  #154  
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Originally Posted by Mr. Mastodon Flyer
Perhaps the most foolish thing of all is for a lawyer to give legal advice about the law of jurisdictions to which he is not admitted.
The only legal advice I've given is to ignore the lay people on this thread and consult an attorney.

I'm familiar with the concept of apparent agency, thanks. And maybe the OP will find a lawyer who can find a way to bring the case in a jurisdiction that recognizes apparent agency as a basis for vicarious liability for negligence. Or maybe he won't.
That's why he needs to consult an attorney.

But the whole problem would've been avoided if the OP had made sure his girlfriend had proper insurance instead of assuming that American law would protect them on their travels 7000 miles away.
None of which helps the OP.
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Old Jul 14, 2010, 1:47 pm
  #155  
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Originally Posted by Mr. Mastodon Flyer
But the whole problem would've been avoided if the OP had made sure his girlfriend had proper insurance instead of assuming that American law would protect them on their travels 7000 miles away.
Do you ever travel with anyone else? A significant other, perhaps? Do you check to ensure that your traveling companion has "proper insurance" before you depart on every trip?


Originally Posted by agrater
Suppose the exact thing happened at, say, a local Mercedes dealer. The liability would be the responsible of the locally-owned dealership, not with Mercedes -- even if all the branding is by Mercedes.
Not necessarily. There are several factors which affect that determination, and the issues involved are complex and the subject of much litigation, at both the trial and appellate levels. That's why the OP (and anyone else in such a situation) should speak with an attorney. I note that the actual attorneys here (and I'm one of them) have consistently given the same advice to the OP, -- stop posting here, and speak with an attorney.
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Old Jul 14, 2010, 3:41 pm
  #156  
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Originally Posted by Cheap Elite
This is thread is more tragic than the real housewives of New Jersey! And just like the RHONJ, I can't tear myself away. Every time a new post is added, I'm right here!
hilarious....
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Old Jul 14, 2010, 3:43 pm
  #157  
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This thread has run its course. Should the OP care at any time to have it reopened so he can post, please PM the mods.

And to the OP, I wish the best for your girlfriend. That's a nasty cut. She has my sympathy.

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