Unresponsive to accident at an international Marriott

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Dec 7, 2018
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#1
My husband and i stayed in a Marriott property in Barga, Italy in March 2018. We decided to visit the indoor pool on the property and take a swim prior to dinner. The pool was completely enclosed and tiled throughout. As i carefully exited the pool, i slipped and fell on the slick, wet tile. The hotel manager assisted me in getting medical attention in a neighboring town. I sustained a distal radius fracture on my dominant arm(right) and was casted to the elbow including my thumb. This left me incapable of doing almost everything without assistance from my husband. This fall happened a week into our two week trip. Since this time, I have endured a cast and splinting for approximately 19 weeks. The entire time has included pain. Last week I had to endure a painful surgery to reattach a ligament that had detached from my ulna that included screwing it back to the ulna bone. Recovery is approximately six months which includes casting, splinting and rehab again. I am 8 months removed from this fall and am still struggling daily to complete the easiest of tasks. We have tried numerous times to communicate with Marriott' insurance company to no avail. They have not responded to our requests. I have missed work, been in pain and have had to change my lifestyle. I need some advice about next steps.
 

AMA

Verified Member
Dec 11, 2014
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#2
I am sorry for your accident, but I don't see how Marriott is at fault. It is a reasonable expectation that the area around swimming pools is almost always wet and slippery, unlike, for example, the floor in a restaurant. Is your regular health insurance not paying for your treatment?

We have company contacts for Marriott here, if you are looking for someone else to write to. Please follow the instructions about how to write to each executive, beginning with the lowest, one at a time. https://www.elliott.org/company-contacts/
 
Mar 23, 2015
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#3
For what, exactly? The areas surrounding every pool I've ever swam in are always wet. Are you saying that Marriott was negligent in having water around the pool? This would seem to be a 50/50 fault situation. You knew it was wet. The whole thing sounds awful and painful and I am so sorry to hear that you've been so negatively impacted, but sometimes accidents happen and it isn't always someone's fault, and it isn't always a payday for the person they happen to.
 

johnbaker

Verified Member
Oct 2, 2014
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#4
@Lwyatt65 It sounds like you're asking for legal advice which is outside the scope of this board. You'll probably need to find an attorney in Italy that handles these cases. Also keep in mind that in many European states (I can't say for sure if hold true in Italy) the losing litigant in a legal action is responsible for the attorney fees for both parties.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
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www.promalvacations.com
#5
Did you have travel insurance that at least covered your medical expenses in Italy?

My colleague John is correct- you need an attorney. You can try our company contacts for Marriott but as soon as they know it’s a legal case, they may not respond.

Your best bet is an attorney.
 

jsn55

Verified Member
Dec 26, 2014
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#6
I am so sorry you were so badly injured. I broke my wrist on a trip ... it was very simple but extremely disabling during travel. I completely understand how awful your sojourn in Italy must have been, and how frustrating. Unless there were mitigating circumstances, however, slippery tiles are part of a swimming pool, and the hotel is not at fault. You might wish to consult an attorney to explain liability in a case like yours.
 
Dec 19, 2014
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#10
Sorry to hear about your injury.
I interpret the lack of response as the insurance company stonewalling you because they do not feel there is a valid claim.

If you wish to pursue any actions, as others have said, you need an attorney.
Please note that this incident occurred in Italy, not the US, and that I fail to see how the hotel was being negligent here (tiles/concrete around pools are expected to be wet and slippery)
 
Dec 15, 2017
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#11
You need an Italian attorney, and probably would have to go to Italy to go to court (and if they postpone, keep going)

As awful and painful as you must be, again it doesn't seem like the hotel is at fault, pools are assumed to be wet around them.

European law is not like US law at all. If you slip on a sidewalk in ice and snow, even if not plowed they deem it your fault for walking on ice.

Even if this were US law, pools are surrounded by tiles and assumed wet and slippery, because quite frankly that's what pools are. Plus you have to show the hotel was negligent, for example, wet and slippery where it's assumed not suppose to be wet and slippery. Pools are assumed wet and slippery, so it sounds like you really don't have a case.

I do wish you a speedy recovery, but travel insurance should cover up until returning, then your regular insurance should be taking over?

You got some good advice here