tyn

I am not getting into the legal/compensation debate, but as someone who had a 10 stitch skin surgery one year ago to remove a potentially dangerous tumor, I can say that the final scar will not be as evident as it now may seem - and consider that my scar is on a cheek and not on the forehead where it can he partially hidden by hair. I will assume the doctor who treated your gf provided all the necessary instructions and prescriptions to minimize scarring, what I can say based on my own skin is that they work, you can barely see my scar.
Btw, I am in the service industry and none of my clients ran away from me screaming 'omg she has a scar'

vandalby

That's not Starwood's choice, it's a product of regulation of the Chinese insurance market.

Mr. Mastodon Flyer

Wow, are people really surprised that a person who gets hurt at a hotel in a foreign country will have to seek redress from that hotel, subject to the laws of that country? Why the heck isn't this obvious to everybody? Seems like common sense to me.

It also seems like common sense to get your own insurance before traveling in countries whose legal systems are unlikely to be able to protect you in the event of a problem. I'm sorry for what happened to the OP's girlfriend, but this kind of accident is exactly what health insurance is for.

wbl-mn-flyer

I see the OP's content is still here.

A previous poster gave you really good advise.

Delete everything you've posted so far (go in to each post, edit the post, and replace everything with DELETE)

Then call a lawyer - hopefully one which specializes in travel and the other issues involved - parent corporation or franchise/franchisee and multiple jurisdictions of ownership even if the China operation is just a licensee of the name and various service and trade marks.

Then stop posting about this issue on FT. At least until all the legal work is over and done with.

Best wishes for your GF with her medical and cosmetic issues.

DeirdreTours

Not at all sure that it is "obvious" to the novice traveler that a hotel with an American name- "Sheraton", booked through an american site or agent is "foreign".....
Just saying--the branding is intended to assure the traveler of a Sheraton experience with Sheraton standards of safety and management. It can hardly be surprising that some people fall for it.

PTravel

Nonetheless, what seems like common sense to you is not necessarily the law, either in China or the U.S. Many things affect the determination, e.g. where the reservation was made, ostensible agency doctrine, etc.

Regardless of what you perceive as common sense, the OP should be taking advice only from a lawyer and not from people, like yourself, who are unfamiliar with the applicable law.

wbl-mn-flyer

Exactly. This may very well be an important factor in any successful legal strategy to get the issue sorted out in the OP's favor.

yycworldtraveler

+1 Although clearly in the minority here.

This thread clearly demonstrates why the USA is the most litigious nation on the planet.

When I slipped on some ice this past winter and shattered my ankle it never even crossed my mind to me to sue the homeowner whose sidewalk I slipped on. Accidents happen.

PTravel

Accidents do happen. The difference between an accident and negligence by law (and I'll bet the standard is the same in Canada), is whether the person who is responsible for the act fell below the duty of care that is owed to the victim. No one in this thread is capable of making that determination.

As for why the U.S. is litigious, perhaps it's because the U.S. has some of the most irresponsible corporations on the planet.

mtensioners

REALLY???
I can think of one non US one now that is recognized as one of the most irresponsible, BP. They must be head and shoulders above all others.

PTravel

That's one. However, the problems that result in successful litigation brought by individuals are almost always the result of stonewalling by large corporations. A good example is insurance: if insurance companies paid out claims fairly and promptly, suits against the insured would be unnecessary.

Flying Lawyer

I fail to understand what is still considered an accident in the US.

To what I read and see there is always somebody responsible in the US.

And this makes the difference. Easy example: Consumer has an accident on a slippery road. Lawyer pleads: The corporation responsbile for that road was highly negligent because everbody knew that this road was slippery.

Result in the US: 1 Mio compensation.

Result in Germany: Case dimissed. If everbody knew that the road was slippery that relevant consumer knew (or had to know) it too and had to be careful.

LTN Phobia

Blame culture, I suppose. If you can't 'blame' someone, it's hard to get compensation from someone.

I recently got injured in Turkey. There was a bit of negligence involved in that the mat wasn't secured when it should have been. I did get pretty bad injuries (somewhat more substantial than the OP's girlfriend's, in total, although there was no injury to my face), but I still consider it an accident. No-one intentionally left the mat unsecured, and I don't particularly want to make a claim against anything or anyone. They said they'd secure the mat in the future, and that's good enough for me. I've learnt to be extra cautious, they've learnt to secure the mat. That's good enough for me.

One collects injuries as one goes through life. That's an unfortunate fact of life. I suppose I have a better comprehension of what a true, gross negligence and cover-up can do than some, as that too has happened to me in the past, and the damage was far, far worse than my accident in Turkey.

nas6034

Not true. More and more juries are not likely to compensate 1mil in the US. It is harder for personal injury victims to get alot of money if they go to court.
Another thing, Insurance Companies do shaft people. e.g., person is injured very badily and needs hospital care, insurance adjuster says ill take care of you, 3 years later kid fully recovers and tries to get hospital fees for the past 3yrs and then the insurance adjuster says we will give you no money whatsoever, the person sues, the court dismisses because of statute of limitations. So insurance adjusters do deceive people injured.

But getting to the topic on hand, the person was injured because the bellman was careless in handling a customer by slamming the door in front of them.

I would like to see someone say its ok, dont worry about it, after they get injured by X and need thousands of dollars in medical help.

I think OP should contact a lawyer instead of discussing issues here. If the hotel/spg is stalling at talking to you that means they wont really give you much, once you get a lawyer they will become more serious in negotiations.

kevinsac

Well, you asked for honest feedback ... and you got it. Whatever anyone suggests, you blow them off.

Sooner or later -- it's like beating your head against the wall. Why bother?