Hotel Patron Suffers Traumatic Brain Injury In Exposed Maintenance Area

Case Overview

This case involves a man who died as a result of a fall at a luxury resort. The resort was conducting maintenance on their pool and had left an uncovered ditch near the jacuzzi area. The man was walking by the pool, tripped on the lifted tile, and fell into the ditch, which was 2 feet deep. He fell back, hit his head on the tile, and suffered a traumatic brain injury. He was rushed to the hospital but died several days later from his injuries. The pool area did not have warnings indicating that patrons should exercise caution in the area. Furthermore, the ditch was not blocked off with caution tape or barricades despite its location in a high-traffic area. It was alleged that the hotel created an unreasonably dangerous condition by placing chairs in the area, by not putting up warning signs, and by not filling the ditch. An expert in hotel management with specific expertise in high-end hospitality was sought to opine on this case.

Questions to the Hospitality expert and their responses

Please describe your experience in hotel management, particularly for high-end hospitality.

I have broad and deep knowledge and experience of high-end hotel operations and pool safety. For 25+ years, I have been the corporate officer responsible for the risk and safety issues pertinent to this case at a chain hotel corporation, a realty group, and various resorts. All of these companies owned and/or operated first class and luxury hotels and resorts during my tenure as a corporate officer. I have many years of experience directing and overseeing the planning and design professionals during new construction, redevelopments, and renovations. I was responsible for pool operation and safety while at the chain hotel corporation at resorts in Hawaii, California, Nevada, Arizona, New Mexico, Texas, Colorado, Florida, and throughout the Caribbean. At one resort, my responsibilities included managing 15 properties, 5 beaches, and a few other higher-end properties in Jamaica, St. Lucia, and the Bahamas. I have a deep understanding of code and regulatory compliance against the overarching duty of the property owner and operator to provide a safe and secure environment.

What warnings or other factors should be given to guests in a situation like this?

When conducting pool maintenance, one must consider safe access and path of travel for guests and staff as well as guest convenience, suitability, and aesthetics. The case description identifies an unsafe condition that the hotel operator/owner should not have allowed to exist. I have reviewed a similar case regarding hotel staff's duty to provide a safe and secure premise for guests of the hotel.

About the expert

This expert has over 40 years in the hotel hospitality industry. He earned his BS in business administration from Central Michigan University and began his career at the Hyatt Regency. He then went on to hold a number of operational and managerial roles for several hotel chains including Radisson, Marriot, and Hyatt Hotels. In his most recent role, he was the vice president of operations and implementation for Carlson Hotels Worldwide and was responsible for all owned and managed assets in North America and the Caribbean. Currently, he serves as the principal of a consultancy that specializes in management, marketing, asset management, and hotel ownership in the hospitality industry and as the managing director at a hospitality firm, both located in Minnesota.

E-097024

Specialties:

Hospitality