Mall of America JW Marriott - Escalator Mishap

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Oct 31, 2017
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#1
Hello,

My wife and I stayed at the Marriott Hotel inside the Mall of America during my cousin's Wedding proceedings.

My wife ripped her toe on the Marriott Escalator and had to be treated at a local Medical Clinic, where she received several stitches, and a reaction to the pain medication they provided her. This caused my wife to become sick, and not be able to fly the same night. We also had to spend money on Taxi's for both times she needed to go to the medical clinic, and needed to keep the foot elevated during the flight, causing us to have to upgrade to First so her foot could be elevated properly.

We are just asking for our expenses, not a settlement, and was wondering if anyone could provide some Advice for us, and help us Marriott to receive reimbursement for this incident.

Here is the History of the conversation with the Marriott Claims Rep, going on for almost a year.
This is one of the reasons I have posted to this public forum now.

We appreciate any help or ideas you can provide us.

Thank You In Advance,




-----Forwarded Message-----
>From: "Branstetter, Jennifer (Chicago Claims)" <jennifer.branstetter@marriott.com>
>Sent: Sep 20, 2017 11:35 AM
>To: Michael Friedman
>Subject: RE: Claim Number 548037
>
>Dear Mr. Friedman,
>
>Since there is no receipts for out of pocket medical costs, I will be unable to offer any type of compensation as a gesture of goodwill.
>
>Sincerely,
>
>Jennifer Branstetter, Sr. Claims Adjuster
>Marriott International, Inc.
>Marriott Claims Services - Chicago
>(847) 318-4537 D | (847) 292-1013 F
>jennifer.branstetter@marriott.com
>
>
>Marriott Risk Management: Enabling Our Business with Risk Strategies & Solutions
>Marriott Confidential and Proprietary Information - The contents of this material are confidential and proprietary to Marriott International, Inc. and may not be reproduced, disclosed, distributed or used without the express permission of an authorized representative of Marriott. Any other use is expressly prohibited.
>
>
>
>
>-----Original Message-----

>Sent: Wednesday, September 20, 2017 10:15 AM
>To: Branstetter, Jennifer (Chicago Claims)
>Subject: RE: Claim Number 548037
>
>Jennifer,
>
>Thank You for the reply.
>
>I am enclosing the Receipts for the incurred costs.
>
>Sincerely,
>
>Michael Friedman
>
>
>
>
>
>-----Original Message-----
>>From: "Branstetter, Jennifer (Chicago Claims)"
>><jennifer.branstetter@marriott.com>
>>Sent: Sep 20, 2017 11:05 AM
>>To: Michael Friedman
>>Subject: RE: Claim Number 548037
>>
>>Dear Mr. Friedman,
>>
>>Unfortunately the only expenses we would consider reimbursing for as a gesture of goodwill is any out of pockets expenses for medical treatment - such as physician bills, prescription costs, etc... The receipts received do not include those costs. Even though this was an unfortunate incident your wife endured, again after reviewing all the information there appears to be no fault on the part of the hotel. However, as a valued customer, we will consider the out of pocket medical costs only. Please forward any receipts for those costs.
>>
>>Sincerely,
>>
>>
>>Jennifer Branstetter, Sr. Claims Adjuster Marriott International, Inc.
>>Marriott Claims Services - Chicago
>>(847) 318-4537 D | (847) 292-1013 F
>>jennifer.branstetter@marriott.com
>>
>>
>>Marriott Risk Management: Enabling Our Business with Risk Strategies &
>>Solutions Marriott Confidential and Proprietary Information - The contents of this material are confidential and proprietary to Marriott International, Inc. and may not be reproduced, disclosed, distributed or used without the express permission of an authorized representative of Marriott. Any other use is expressly prohibited.
>>
>>
>>
>>
>>-----Original Message-----
>>From: Michael Friedman
>>Sent: Wednesday, September 20, 2017 9:58 AM
>>To: Branstetter, Jennifer (Chicago Claims)
>>Subject: RE: Claim Number 548037
>>
>>Jennifer,
>>
>> Thank You for the reply.
>>
>>I put in for the extra items, because my wife had to stay an extra night and day, because she had a medical reaction to the Pain Medicine prescribed, causing her to need a second trip to the urgent care. We also needed to upgrade her Airline seats because of the stitches & the doctor's requirement to have the Leg Elevated during flight. This also includes the Taxi/Valet to and from the Urgent care clinic, and the second visit we needed to take when she had a reaction to the pain medicine.
>>
>>I do not think we are asking for anything more then what we need to be reimbursed for out of pocket.
>>
>>I am enclosing the receipts again for your review.
>>
>>
>>Thank You,
>>
>>Michael Friedman
>>
>>
>>
>>
>>-----Original Message-----
>>>From: "Branstetter, Jennifer (Chicago Claims)"
>>><jennifer.branstetter@marriott.com>
>>>Sent: Sep 20, 2017 9:58 AM
>>>To: Michael Friedman
>>>Subject: RE: Claim Number 548037
>>>
>>>Dear Mr. Friedman,
>>>
>>>I did send an e-mail to you on July 17th and again on August 14th and did not receive a response. The escalator was found to be in working order and therefore do not see any responsibility in regards to your wife's accident. However, since you are a loyal member, we will only consider medical out of pocket expenses as a gesture of goodwill. Please forward anything you may have.
>>>
>>>Sincerely,
>>>
>>>Jennifer Branstetter, Sr. Claims Adjuster Marriott International, Inc.
>>>Marriott Claims Services - Chicago
>>>(847) 318-4537 D | (847) 292-1013 F
>>>jennifer.branstetter@marriott.com
>>>
>>>
>>>Marriott Risk Management: Enabling Our Business with Risk Strategies &
>>>Solutions Marriott Confidential and Proprietary Information - The contents of this material are confidential and proprietary to Marriott International, Inc. and may not be reproduced, disclosed, distributed or used without the express permission of an authorized representative of Marriott. Any other use is expressly prohibited.
>>>
>>>
>>>
>>>
>>>-----Original Message-----
>>>From: Michael Friedman
>>>Sent: Tuesday, September 19, 2017 10:57 AM
>>>To: Michael Friedman; Branstetter, Jennifer (Chicago Claims)
>>>Subject: RE: Claim Number 548037
>>>
>>>Jennifer,
>>>
>>>Can you please provide an update on this claim?
>>>
>>>This has been going on for over 1 year.
>>>
>>>
>>>
>>>I will be following up with a phone call.
>>>
>>>Sincerely,
>>>
>>>Michael Friedman
>>>
>>>
>>>
>>>
>>>
>>>-----Original Message-----
>>>>From: Michael Friedman
>>>>Sent: Jul 14, 2017 10:27 AM
>>>>To: "Branstetter,Jennifer (Chicago Claims)"
>>>><jennifer.branstetter@marriott.com>
>>>>Subject: RE: Claim Number 548037
>>>>
>>>>Jennifer,
>>>>
>>>>What is listed is the medical receipts listed that were sent.
>>>>
>>>>This is everything we have at this time.
>>>>
>>>>Thank You,
>>>>
>>>>Michael Friedman
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>-----Original Message-----
>>>>>From: "Branstetter, Jennifer (Chicago Claims)"
>>>>><jennifer.branstetter@marriott.com>
>>>>>Sent: Jun 26, 2017 12:03 PM
>>>>>To: Michael Friedman
>>>>>Subject: RE: Claim Number 548037
>>>>>
>>>>>Dear Mr. Friedman,
>>>>>
>>>>>Thank you for what you sent. However, I am looking for receipts for any medical out of pocket expenses. Was anything incurred?
>>>>>
>>>>>
>>>>>JENNIFER BRANSTETTER, AIC
>>>>>Senior Claims Adjuster
>>>>>Marriott International, Inc.
>>>>>
>>>>>Marriott Claims Services-Chicago
>>>>>P.O.Box 29206
>>>>>Hot Springs, AR 71903-9206
>>>>>Jennifer.branstetter@marriott.com
>>>>>847-318-4537 (w)
>>>>>847-292-1013 (f)
>>>>>
>>>>>Marriott Risk Management: Enabling Our Business with Risk
>>>>>Strategies & Solutions
>>>>>
>>>>>
>>>>>-----Original Message-----
>>>>>From: Michael Friedman
>>>>>Sent: Monday, June 26, 2017 11:01 AM
>>>>>To: Branstetter, Jennifer (Chicago Claims)
>>>>>Subject: Fw: Claim Number 548037
>>>>>
>>>>>Jennifer,
>>>>>
>>>>>Here are the receipts I sent Nov 28, 2016.
>>>>>
>>>>>Please let me know if you need me to send them a different way.
>>>>>
>>>>>Thank You,
>>>>>
>>>>>Michael Friedman
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>-----Forwarded Message-----
>>>>>>From: Michael Friedman
>>>>>>Sent: Nov 28, 2016 5:21 PM
>>>>>>To: jennifer.branstetter@marriott.com
>>>>>>Subject: Claim Number 548037
>>>>>>
>>>>>>Jennifer,
>>>>>>
>>>>>>Thank You for returning my phone call.
>>>>>>
>>>>>>Enclosed are all the forms and receipts.
>>>>>>
>>>>>>Please let me know if you have any questions.
>>>>>>
>>>>>>Sincerely,
>>>>>>
>>>>>>Michael Friedman
>>>>>>
>>>>>>


Note: This was edited by moderator to remove Mr. Friedmans personal email address from public post.
 

Attachments

Dec 12, 2014
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#2
I would suggest you write a short concise letter to the first contact on the list from the link below. If you do not hear back from that person in a week, go to the next contact.

http://www.elliott.org/company-contacts/marriott/

In order to get any reimbursement, you may also need something from the doctor surrounding travel restrictions.

This will probably be an uphill battle since Marriott does not feel there were any issues with the escalator.
 
Likes: sas80
Sep 19, 2015
1,781
3,038
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#3
What an unfortunate situation. What I see is that Marriott is willing (as a gesture of goodwill and not an admission of liability) to pay for out of pocket medical expenses only -- that would be insurance co-pays and deductibles and such.

Were there any such expenses? Or did insurance cover 100 %

Marriott does not seem to want to reimburse for incidental expenses. Was there any conversation with the hotel management at the time about this issue?

The hotel may question why first class had to be chosen over a bulkhead seat in economy, where there would be no issue with reclining and have more room.

And the hotel seems to be indicating that this was an accident and not caused by faulty equipment or maintenance. They may be taking a hard line because of their liability insurance carrier.

That being said the OP should write to the contacts, it could not hurt.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
12,026
12,257
113
New York
www.promalvacations.com
#4
How exactly did your wife rip her toe? Did she step onto the escalator the wrong way? Did she have closed toe shoes? Did the escalator suddenly stop or lurch causing her to become injured? Did she misstep and get her toe caught in the step as she got on or off?
Was there anyone else on the escalator at the same time who was also injured?

If there was no malfunction of the escalator I am not sure why the Marriott is responsible for any of this. Can you explain the circumstances of the injury?
 
Likes: krisseye

Patina

Verified Member
Dec 22, 2015
1,175
1,957
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#5
Other than @rbrunson's suggestion, you may want to hire an attorney if you feel the hotel is responsible for your wife's injury. This situation is falling into an area the forum is not in a position to handle, ie. the legality of injury claims.

I hope your wife has completely healed! Best of luck to you.
 

jsn55

Verified Member
Dec 26, 2014
6,408
6,465
113
San Francisco
#6
I did not read all the emails attached to your post, Michael. A summary would be more helpful to us. There seems to be no information on how the accident happened. How is Marriott involved with the Mall of America? We need to know how the hotel is involved in this situation.
 
Likes: Neil Maley
Sep 19, 2015
1,781
3,038
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#7
I did not read all the emails attached to your post, Michael. A summary would be more helpful to us. There seems to be no information on how the accident happened. How is Marriott involved with the Mall of America? We need to know how the hotel is involved in this situation.
The hotel is near the Mall of America and that is the name of the hotel. I am surmising that the injury happened on an escalator within the hotel and not on an escalator in the mall.

I do think hearing about the circumstances of the injury would help.
 
Likes: Neil Maley
Oct 31, 2017
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#9
Hello,

I am sorry for the late reply.

I appreciate all the responses provided, and apologize for the delay.

I will answer the questions that people have asked.

Thank You
 
Oct 31, 2017
8
0
1
51
#10
I would suggest you write a short concise letter to the first contact on the list from the link below. If you do not hear back from that person in a week, go to the next contact.

http://www.elliott.org/company-contacts/marriott/

In order to get any reimbursement, you may also need something from the doctor surrounding travel restrictions.

This will probably be an uphill battle since Marriott does not feel there were any issues with the escalator.
We have written notes, and my wife is a Nurse Practitoner, and we had to take a taxi, at their request, and would not reimburse us for that. We should have commandeered the Marriott Airport Shuttle.
 
Oct 31, 2017
8
0
1
51
#11
What an unfortunate situation. What I see is that Marriott is willing (as a gesture of goodwill and not an admission of liability) to pay for out of pocket medical expenses only -- that would be insurance co-pays and deductibles and such.

Were there any such expenses? Or did insurance cover 100 %

Marriott does not seem to want to reimburse for incidental expenses. Was there any conversation with the hotel management at the time about this issue?

The hotel may question why first class had to be chosen over a bulkhead seat in economy, where there would be no issue with reclining and have more room.

And the hotel seems to be indicating that this was an accident and not caused by faulty equipment or maintenance. They may be taking a hard line because of their liability insurance carrier.

That being said the OP should write to the contacts, it could not hurt.
There were out of pocket costs for the Taxi service they had us take, instead of an Ambulance (Less of a scene, I guess), that the manager said would reimburse us for. We would have taken an ambulance if we had known it was going to be this tough getting reimbursement. We had to extend a day, because my wife had an allergic reaction to the Pain Pills provided by the the Medical Clinic (Not a Hospital). Insurance did not cover All. On the Airline, Sun Country just had First Class with extended room, and traveling with a 5 year old, we could not leave him alone in back of the plane. I did not see any escalator warnings for shoes, and will ask them for a copy of their escalator maintenance proceedures.
 
Oct 31, 2017
8
0
1
51
#12
How exactly did your wife rip her toe? Did she step onto the escalator the wrong way? Did she have closed toe shoes? Did the escalator suddenly stop or lurch causing her to become injured? Did she misstep and get her toe caught in the step as she got on or off?
Was there anyone else on the escalator at the same time who was also injured?

If there was no malfunction of the escalator I am not sure why the Marriott is responsible for any of this. Can you explain the circumstances of the injury?
My wife's shoe somehow got caught on the side of the escalator, mid way up, causing her shoe to be ripped off, and in the process injuring her Foot, with plenty of Blood on the escalator. I think 1 other person on the escalator going up. i think there might have been a lurch to the escalator, and I am in the process for requesting video surveillance of the escalator area.
 
Oct 31, 2017
8
0
1
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#13
I did not read all the emails attached to your post, Michael. A summary would be more helpful to us. There seems to be no information on how the accident happened. How is Marriott involved with the Mall of America? We need to know how the hotel is involved in this situation.
I will provide a summary. This was the escalator inside of the JW Marrioot Hotel, inside of the Mall of Americal.
 
Oct 31, 2017
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#14
Other than @rbrunson's suggestion, you may want to hire an attorney if you feel the hotel is responsible for your wife's injury. This situation is falling into an area the forum is not in a position to handle, ie. the legality of injury claims.

I hope your wife has completely healed! Best of luck to you.
Can anyone recommend a Minneapolis Law Firm that specializes in Escalator incidents? I would hope that we would not have to look into this. I guess being a Marriott Platinum member does not really count for much these days, especially in the Customer Service Department.
 
Sep 19, 2015
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#15
Can anyone recommend a Minneapolis Law Firm that specializes in Escalator incidents? I would hope that we would not have to look into this. I guess being a Marriott Platinum member does not really count for much these days, especially in the Customer Service Department.
We cannot recommend a lawyer. That is out of the realm of consumer advocacy.

Also I have to say you do not want random people recommending lawyers. Or even people recommending their friends from high school. I say this from personal experience, having received recommendations for lawyers that have not been satisfactory.
 
Sep 19, 2015
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#16
One thing I have to ask. What is the total out of pocket expenses -- less than $1,000?

What if you end up paying a lawyer the same amount to be paid that amount?

What if the lawyer takes the case on contingency and takes 30% of the award?

What if a jury assigns partial negligence to your wife -- as in 50 percent her fault 50% the hotel and only half the amount is awarded?
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
12,026
12,257
113
New York
www.promalvacations.com
#17
One thing I have to ask. What is the total out of pocket expenses -- less than $1,000?

What if you end up paying a lawyer the same amount to be paid that amount?

What if the lawyer takes the case on contingency and takes 30% of the award?

What if a jury assigns partial negligence to your wife -- as in 50 percent her fault 50% the hotel and only half the amount is awarded?
I have to agree- I don’t think the hotel will be found to be 100% at fault. Was your wife wearing a high thin heel? There were probably thousands of people who used the same day that had no problems - just because you have an incident like this doesn’t make the hotel
100% at fault.
 
Likes: krisseye

jsn55

Verified Member
Dec 26, 2014
6,408
6,465
113
San Francisco
#18
My wife's shoe somehow got caught on the side of the escalator, mid way up, causing her shoe to be ripped off, and in the process injuring her Foot, with plenty of Blood on the escalator. I think 1 other person on the escalator going up. i think there might have been a lurch to the escalator, and I am in the process for requesting video surveillance of the escalator area.
This must have been awful. What are the reasons you believe that the hotel is responsible for this injury?
 
Likes: sas80
Oct 31, 2017
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#19
This must have been awful. What are the reasons you believe that the hotel is responsible for this injury?
Thank You for your interest and concern. It seems that the sides of the escalators were not the regular width, causing the potential for footwear to get caught, especially after you have visited the pool, where more moisture would be deposited onto footwear. There was no postings on the escalator, when you came from the pool, to be cautious if your shoes might have moisture on them, making them more likely to slip beneath any escalator foot guards. The Manager had stated that they would take care of any expenses related to getting to the Urgent Care clinic. We would have taken an ambulance, which would have been covered by insurance, but would have probably caused more of a scene. The Management called their own in house valet car, and put it on our hotel bill. We are just trying to get reimbursement.

Thank You