Head Injury caused by Sheraton - Hotel not accepting liability
#46
FlyerTalk Evangelist
Join Date: Jun 2001
Programs: DL 1 million, AA 1 mil, HH lapsed Diamond, Marriott Plat
Posts: 28,190
These issues should be tried in court, not on bulletin boards. If <name country> courts aren't perceived to be fair, with high standards of evidence, then don't expect much in the way of prevention.
#47
Join Date: Sep 2005
Location: Lafayette, CO, USA
Programs: SPG Lifetime Plat, AA Gold, UA Gold, DL Silver, HH Gold, Vail Epic
Posts: 9,096
Was it stated earlier in this thread that it is independently managed? I believe that some hotels in China might be managed by a division of Starwood, and I don't think that the specific hotel has been identified other than that it's a Sheraton. I may have overlooked it.
#48
A FlyerTalk Posting Legend
Join Date: Sep 2002
Location: LAX/TPE
Programs: United 1K, JAL Sapphire, SPG Lifetime Platinum, National Executive Elite, Hertz PC, Avis PC
Posts: 42,199
Next, hire a lawyer through a trusted referral, make sure the lawyer is aware of what you've already publicly disclosed, edit all of your posts here to remove photos, descriptions and commentary (although the contents have probably been scooped up by Google already) - basically make all of your posts here blank.
Let the lawyer handle everything going forward.
Stop posting on this incident
#49
Join Date: Dec 2001
Location: NYC
Programs: AA LT PLT, SPG Gold
Posts: 2,564
And if medical bills will run 25k is it really that unreasonable to ask for another 25k for pain/suffering of a (potentially) lifetime disfigurement? Certainly we have no way of knowing how completely the wound will heal...but if it leaves a noticeable mark I honestly don't think 25k is out of line.
#50
Join Date: Nov 2009
Programs: SPG Platinum, Aeroplan, RBC Avion
Posts: 43
Yes it is, its not like she lost an eye or something. She will heal. Would you be willing to pay someone $50k if you accidentally slammed a door in their face and cut them?? Accidents happen.
#51
#52
Join Date: Apr 2005
Programs: Starwood:Lifetime Platinum, Air Canada:Basic, Asiana:Lifetime Diamond Plus, ANA: Basic
Posts: 980
courts are not reliable.
The hotel should be paying for the medical cost and the plastic surgery if needed. However, the medical procedures will be done in China with Chinese doctors that (like their toys) costs a fraction of what it does in US.
My aunt just had colon lumps (of potential colon cancer) surgery in China and including bribes, and with decent doctor, costs less than $US 2000 with 10 days in hospital.
Did you get travel insurance? You should now.
So, the 50K is out to lunch. Going through the corrupt courts in China is not a good idea. In my experience, a worker that fell 2 floors and had to stay in hospital for 2 weeks received $US 5000 + all hospital costs covered - that was 2 years ago.
The local hotel has to bribe the local officials to get things running smoothly and likely have the support of local Mayor, government officials and if powerful enough the state governor.
If you're a foreigner but a "nobody" and got hurt like that, you perhaps can get a few thousand US dollars and the immediate medical bills (and possibily plastic surgery).
It seems your girlfriend is Chinese. Is she some government official's daughter? Is she some merchant's daughter? Are you related to anyone that has prestige in the area? Let's assume your father does. You need to work it like this... Find the a high level officer of the state who are both business friend's (wink wink) of your prestigious dad and the hotel owner's. This "high level official" need to have some powers and is somewhat important to both the fortunes of your family and hotel owners.
Appeal to this official on what happened through wine and dine or "special massage"/ night club if needed. He will get the hotel owner's side of the story and make a judgement. If he rules the owner should pay you the $US 50,000 or even $US 200,000, the owner will pony up to protect the relationship. If he rules you ought to get $US 50, you shall take it and go away.
#53
FlyerTalk Evangelist
Join Date: Jun 2008
Location: Florida, the crazy folks state.
Programs: Marriott Titanium Marriott Platinum for life.
Posts: 16,974
In all fairness, isn't that how negotiations work? If he asks for 50k they may come back with 25k. Why start at the bottom?
And if medical bills will run 25k is it really that unreasonable to ask for another 25k for pain/suffering of a (potentially) lifetime disfigurement? Certainly we have no way of knowing how completely the wound will heal...but if it leaves a noticeable mark I honestly don't think 25k is out of line.
And if medical bills will run 25k is it really that unreasonable to ask for another 25k for pain/suffering of a (potentially) lifetime disfigurement? Certainly we have no way of knowing how completely the wound will heal...but if it leaves a noticeable mark I honestly don't think 25k is out of line.
#54
Join Date: Mar 2007
Posts: 3,990
My view is:
1. Accidents happen. Unless the hotel and/or the valet and/or *wood was negligent, I don't understand why you would expect any compensation, let alone sue for damages;
2. Accidents happen. That's why everyone should have insurance to cover all perils, especially if you are traveling, especially when you are traveling to a country like China;
3. Even though I don't agree this warrants compensation from *wood, I do agree the OP should take the advice of the lawyers and others on this thread - stop posting!
Cheers,
1. Accidents happen. Unless the hotel and/or the valet and/or *wood was negligent, I don't understand why you would expect any compensation, let alone sue for damages;
2. Accidents happen. That's why everyone should have insurance to cover all perils, especially if you are traveling, especially when you are traveling to a country like China;
3. Even though I don't agree this warrants compensation from *wood, I do agree the OP should take the advice of the lawyers and others on this thread - stop posting!
Cheers,
#55
FlyerTalk Evangelist
Join Date: Mar 2004
Location: Newport Beach, California, USA
Posts: 36,062
This requires an informed professional opinion. The best thing you can do is get one.
#56
FlyerTalk Evangelist
Join Date: Nov 2003
Location: South Florida
Programs: AA LTG (EXP), Hilton Silver (Dia), Marriott LTP (PP), SPG LTG (P) > MPG LTPP
Posts: 11,329
As anyone that has a liability policy, be it auto, home, or otherwise, the insurance gives pretty clear instructions DO NOT ADMIT TO ANYTHING and report the accident. She might try contacting her medical insurance carrier and see what assistance they can provide. If they are good, they will approve all the care needed and then go after the other party for payment.
But as has been stated many times, STOP posting. FT is more than capable of continuing a discussion without any input from the OP and head off in a totally unrelated direction.
Good luck with your efforts and hope she's better soon.
But as has been stated many times, STOP posting. FT is more than capable of continuing a discussion without any input from the OP and head off in a totally unrelated direction.
Good luck with your efforts and hope she's better soon.
#57
Join Date: Jul 2010
Programs: FB, Starwood
Posts: 66
That is very unfortunate to sustain such injury. However, outside US, concept of accident still exists. I doubt that (especially) in China she has much chance of US style compensation. And I don’t see how it would be fair for Starwood in US to pay 50K?! Also, it would be prudent to have a health insurance. What if something like this happens without someone else’s fault? Perhaps her employer could help with getting her a policy for the future?
#58
Suspended
Join Date: Jul 2010
Posts: 2
My experience is for international branded hotels like Starwood, franchise or not, is worthy to be trusted, just need to be patient to sit down and discuss with hotel (or through hotel to further approach with their owner) to find a solution that both feel acceptable.
#59
Suspended
Join Date: Jul 2010
Posts: 1
Thanks for your response. Unfortunately we have come to the same conclusion. I have spoken to a few lawyers in China who basically say that I should be happy with whatever they offer us, in China, personal injury claims are not taken very seriously.
After the GM kept saying that they wouldn't accept liability, he told us to suggest a settlement amount we did some research and came up with the following settlement amount of $50k. Broken down as follows: $23k to cover all future medical expenses including plastic surgery(s); $5k for the lost time she will have to spend treating the scar; $10k for lost career opportunities since she is now very afraid to meet with customers and make public appearances; $15k for pain and suffering for the rest of her life, considering that she will always have the scar on her face, even if slightly reduced by plastic surgery.
In response, the GM said that he " received unfavorable written.replies to your claims.from owner's Insurance company and.lawyer who are in favor of resolving the case by legal actions."
He said that he is "still consulting Starwood legal department for advice.and will have a meeting with owner, his lawyer and Insurance company on Monday."
It has already been three weeks of similar back-and-forth and I am starting to think that they are just trying to delay, delay, delay...
After the GM kept saying that they wouldn't accept liability, he told us to suggest a settlement amount we did some research and came up with the following settlement amount of $50k. Broken down as follows: $23k to cover all future medical expenses including plastic surgery(s); $5k for the lost time she will have to spend treating the scar; $10k for lost career opportunities since she is now very afraid to meet with customers and make public appearances; $15k for pain and suffering for the rest of her life, considering that she will always have the scar on her face, even if slightly reduced by plastic surgery.
In response, the GM said that he " received unfavorable written.replies to your claims.from owner's Insurance company and.lawyer who are in favor of resolving the case by legal actions."
He said that he is "still consulting Starwood legal department for advice.and will have a meeting with owner, his lawyer and Insurance company on Monday."
It has already been three weeks of similar back-and-forth and I am starting to think that they are just trying to delay, delay, delay...
We appreciate your feedback and comments and, as I've promised, Starwood and I are dealing this case seriously with hotel's insurer for the best possible solution (amount). I'll meet them again tomorrow and sure will continue to communicate with you offline.
PS. I've viewed the cctv record and could not find our bellman has the action of pushing/slamming to close the taxi door.
#60
FlyerTalk Evangelist
Join Date: Jun 2008
Location: Florida, the crazy folks state.
Programs: Marriott Titanium Marriott Platinum for life.
Posts: 16,974