Head Injury caused by Sheraton - Hotel not accepting liability
Jul 11, 2010, 5:34 am
#61
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Both OP and the hotel's GM posting information about this case on Flyertalk. Wow, not very professional... Makes me wonder what kind of management this hotel has...
Jul 11, 2010, 8:27 am
#62
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Anyone know if Sheraton GM is authentic or an imposter? I find it curious that 1) s/he just joined today, 2) apparently for the purpose of posting in this thread, and 3) s/he is suspended. I would have expected to see a reply from William or Thyetus.
Jul 11, 2010, 9:27 am
#63
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I think this thread needs to be closed for everyone's own good - if this case goes to court in the US, it's likely the entire thread including the archived edited/deleted posts from Google will end up as evidence and possibly used by the defendant against the plaintiff if their deposition or any evidence (i.e. witness accounts, real CCTV tape, etc) differs from what they posted here.
Jul 11, 2010, 9:31 am
#64
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I think this thread needs to be closed for everyone's own good - if this case goes to court in the US, it's likely the entire thread including the archived edited/deleted posts from Google will end up as evidence and possibly used by the defendant against the plaintiff if their deposition or any evidence (i.e. witness accounts, real CCTV tape, etc) differs from what they posted here.
Jul 11, 2010, 11:16 am
#65
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I think this thread needs to be closed for everyone's own good - if this case goes to court in the US, it's likely the entire thread including the archived edited/deleted posts from Google will end up as evidence and possibly used by the defendant against the plaintiff if their deposition or any evidence (i.e. witness accounts, real CCTV tape, etc) differs from what they posted here.
Jul 11, 2010, 12:55 pm
#66
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Jul 11, 2010, 5:43 pm
#67
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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,
Last edited by thomas199023; Jul 11, 2010 at 5:48 pm
Jul 11, 2010, 5:52 pm
#68
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Was the girlfriend on a business trip? If so, perhaps this is worker's compensation related.
Jul 11, 2010, 7:58 pm
#69
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FYI, a scar on the forhead will be categorized as level 10 injury, there are 10 levels of injuries in China. She will get around 35000 RMB from employment injury insurance as compensation apart from her medical expenses.
Last edited by pelapela; Jul 11, 2010 at 8:12 pm
Jul 11, 2010, 9:34 pm
#70
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If that's fact, then IMO, it would seem to make sense for the hotel's insurance company to AT LEAST pony up for this amount.
Jul 11, 2010, 10:25 pm
#71
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Actually, in China, employment injury insurance compensation is considered as the highest standard of compensation. Good luck.
Jul 12, 2010, 4:20 am
#72
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In a sense this is a very informative thread in a way that it lets me know what to expect should I fall victim to negligence/crime from a starwood hotel in a foreign land.
For i.e., if I fall down the steps at some Sheraton because it was left slippery and I injure my back, Starwood (the parent company) holds little to no liability. They will only act as an 'intermediary' to help me 'convey messages' to the hotel's management…
I will personally need to take the hotel, its management and its parent company (usually a local holding firm) to the table/tribunal to 'negotiate' a settlement amount on my own/with my own lawyer. If I am on a holiday and am only in that country for a week or so, tough luck, there is virtually nothing/close to nothing I can do once I leave the country. The best I could hope for would be some form of freebies in return (starpoints, comp nights etc)
I don't know if it's just me, but one of the main reasons I choose the likes of Sheraton/Hilton/Marriott is for the assumed/embedded assurance that should something go wrong I would be looked after by the HQ (Starwood), even after I leave the premises/country altogether. Now I know I've been mistaken. Even if the hotel proudly flies a Starwood Westin flag, it will in fact be a totally separate entity. Plainly put, even if you get stabbed by one of the staff at a Westin XYZ, Starwood is technically not at fault. You will have to settle it with the management and its insurance company etc.
This is quite enlightening for me.
For i.e., if I fall down the steps at some Sheraton because it was left slippery and I injure my back, Starwood (the parent company) holds little to no liability. They will only act as an 'intermediary' to help me 'convey messages' to the hotel's management…
I will personally need to take the hotel, its management and its parent company (usually a local holding firm) to the table/tribunal to 'negotiate' a settlement amount on my own/with my own lawyer. If I am on a holiday and am only in that country for a week or so, tough luck, there is virtually nothing/close to nothing I can do once I leave the country. The best I could hope for would be some form of freebies in return (starpoints, comp nights etc)
I don't know if it's just me, but one of the main reasons I choose the likes of Sheraton/Hilton/Marriott is for the assumed/embedded assurance that should something go wrong I would be looked after by the HQ (Starwood), even after I leave the premises/country altogether. Now I know I've been mistaken. Even if the hotel proudly flies a Starwood Westin flag, it will in fact be a totally separate entity. Plainly put, even if you get stabbed by one of the staff at a Westin XYZ, Starwood is technically not at fault. You will have to settle it with the management and its insurance company etc.
This is quite enlightening for me.
Jul 12, 2010, 4:33 am
#73
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In a sense this is a very informative thread in a way that it lets me know what to expect should I fall victim to negligence/crime from a starwood hotel in a foreign land.
For i.e., if I fall down the steps at some Sheraton because it was left slippery and I injure my back, Starwood (the parent company) holds little to no liability. They will only act as an 'intermediary' to help me 'convey messages' to the hotel's management…
I will personally need to take the hotel, its management and its parent company (usually a local holding firm) to the table/tribunal to 'negotiate' a settlement amount on my own/with my own lawyer. If I am on a holiday and am only in that country for a week or so, tough luck, there is virtually nothing/close to nothing I can do once I leave the country. The best I could hope for would be some form of freebies in return (starpoints, comp nights etc)
I don't know if it's just me, but one of the main reasons I choose the likes of Sheraton/Hilton/Marriott is for the assumed/embedded assurance that should something go wrong I would be looked after by the HQ (Starwood), even after I leave the premises/country altogether. Now I know I've been mistaken. Even if the hotel proudly flies a Starwood Westin flag, it will in fact be a totally separate entity. Plainly put, even if you get stabbed by one of the staff at a Westin XYZ, Starwood is technically not at fault. You will have to settle it with the management and its insurance company etc.
This is quite enlightening for me.
For i.e., if I fall down the steps at some Sheraton because it was left slippery and I injure my back, Starwood (the parent company) holds little to no liability. They will only act as an 'intermediary' to help me 'convey messages' to the hotel's management…
I will personally need to take the hotel, its management and its parent company (usually a local holding firm) to the table/tribunal to 'negotiate' a settlement amount on my own/with my own lawyer. If I am on a holiday and am only in that country for a week or so, tough luck, there is virtually nothing/close to nothing I can do once I leave the country. The best I could hope for would be some form of freebies in return (starpoints, comp nights etc)
I don't know if it's just me, but one of the main reasons I choose the likes of Sheraton/Hilton/Marriott is for the assumed/embedded assurance that should something go wrong I would be looked after by the HQ (Starwood), even after I leave the premises/country altogether. Now I know I've been mistaken. Even if the hotel proudly flies a Starwood Westin flag, it will in fact be a totally separate entity. Plainly put, even if you get stabbed by one of the staff at a Westin XYZ, Starwood is technically not at fault. You will have to settle it with the management and its insurance company etc.
This is quite enlightening for me.
a few years ago, my wife & i were staying at the sofitel in mauritius....my wife is extremely allergic to sea food & she makes this very clear when she is ordering her food....we were having lunch at a sea side restaurant at the hotel & she ordered a chicken dish....they brought her fish by mistake....she realised this after taking a bite but by then it was too late....the allergy kicked in & she started feeling sick right away....we had to rush her to the hospital where we spent the night....
the hotel was very sorry for their mistake....they took care of all the hospital expenses & also comped the stay....when we got back from the hospital the next day they even upgraded us to a suite for the remaining 2 days of our stay....we decided not to pursue this any further since we feel the property acted quickly & took care of us before this issue could be escalated....
Jul 12, 2010, 4:41 am
#74
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For a superficial cut? Thats more than the average salary for a U.S. resident, and probably much more than that for a Chinese worker. I was starting to feel for your girlfriend a little up until that post, now all I see is greed.I'm not really into 'compensation culture' although I believe in holding people/organisations accountable for gross negligence. This case sounds very much like an accident and while I do think that the initial medical costs should be covered (but if it is claimable from travel insurance, which it should be, should be claimed from them), I would personally feel terribly greedy if I claimed for plastic surgery if I were the victim of this case, especially considering that the victim's occupation is not modelling, promo girl etc.
Last edited by LTN Phobia; Jul 12, 2010 at 12:29 pm
Jul 12, 2010, 4:44 am
#75
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I don't know if it's just me, but one of the main reasons I choose the likes of Sheraton/Hilton/Marriott is for the assumed/embedded assurance that should something go wrong I would be looked after by the HQ (Starwood), even after I leave the premises/country altogether. Now I know I've been mistaken. Even if the hotel proudly flies a Starwood Westin flag, it will in fact be a totally separate entity. Plainly put, even if you get stabbed by one of the staff at a Westin XYZ, Starwood is technically not at fault. You will have to settle it with the management and its insurance company etc.
This is quite enlightening for me.
This is quite enlightening for me.