Legal Question in Consumer Law in Louisiana

What can I do about a hotel that offered anemmeties that did not exist?

I stayed at a hotel in New Orleans that promised: an indoor pool, hot tub, shuttle service a bar/lounge, and restauraunt none of these annemities existed.

Which made us go out to eat on a Saturday nite on our way back we had to walk (they said that bourbon street was 1/2 a mile away on the website brochure)about 1 mile at least is more like it. As we came back we encountered a gunman he open fire into the crowd my brother was shot in the leg. My outlook on life is alot different I cant sleep and I'm afraid to turn the next corner. Is there any kind of lawsuit we can put on this hotel

If the hotel would have been up front in their brochure we would not of stayed there.


Asked on 9/27/00, 10:29 pm

1 Answer from Attorneys

Christopher Wigand Fenster & Faerber

Re: What can I do about a hotel that offered anemmeties that did not exist?

I am glad that you and your brother are safe and I am sorry for what you have gone through, but this reminds me of a law school exam. Since all of this happened in New Orleans it will be governed by different laws than Florida (or the rest of the country for that matter). To the best of my understanding I would not think you have any case, and should just be thankful that you both are living.

Legally you would be trying to sue the Hotel for the intentional tort of the gunman which caused you emotional distress. If we start with the actions of the gunman you would have to show that this occurred on the hotel's property and that they knew or should have known of his presence and that they failed to take precautions to make you and your brother safe from him. If you could prove that then you would also have to prove that the gunman knew you were your brothers sister and that you were in the crowd with your brother so that his shooting your brother in the leg would reasonably be expected to cause you emotional distress.

The bottom line is this was the actions of a crazy person and the whether the hotel had the amenities you wanted or were promised, New Orleans is a dangerous town and you could have encountered this man anywhere, a lawsuit is not going to change that. Be happy that you are both still alive and think about seeking therapy if you are having serious problems getting over this incident.

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Answered on 10/26/00, 9:16 am


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