Legal Question in Personal Injury in Puerto Rico

Battery at a Ritz Carlton

While vacationing at the Ritz Carlton, San Juan, my husband was assualted and hit in the head by some thugs at the pool. The hotel tried to hush it up very quickly (convinced hubby not to press charges). the entire incident was poorly handled... security seemed pissed about dealing with this matter (they were busy hosting an NBA team). In fact the hotel simply said `we cant control the behavior of our guests' - despite my husband screaming for security prior to being hit (the hotel staff just stood there and watched.

do i have a case against the hotel? i'm not looking for money as much as an apology. afterall, you pay to stay at a hotel like the Ritz to avoid these kinds of things from happening.

we check out tomorrow, any advice would be appreciated.

-sr


Asked on 10/09/06, 1:13 am

3 Answers from Attorneys

Robert R. Groezinger GroezingerLaw P.C.

Re: Battery at a Ritz Carlton

Securiry is there for a reason. It is a bot complicated for a asmall space such as this but feel free to contaact me at the 845 area number of 8782163 for a free consult.

Good Luck

RRG

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Answered on 10/09/06, 9:28 am
Julio C. Alejandro Julio C. Alejandro Serrano Attorney at Law

Re: Battery at a Ritz Carlton

I understand that your message does give some indication that you may have a cause of action for money damages against the Hotel.

The liability portion would consist of demonstrating that the hotel had poor security in the premises of the pool. If hotel staff stood idly and watched, then you might also be able to demonstrate that the hotel acquiesced to the ocurrence by failing to intervene when the incident had not yet happened. As a lodge, the hotel has to provide substantial security, not assurance, against harm caused by other guests. If the hotel staff was able to intervene, you may demonstrate that they were just not willing.

The damages portion of the claim might be based on your husband's physical injuries; the economic damages caused by the medical attention that he had to receive, if any, and if your vacation was ruined, then a reimbursement of those expenses; and the emotional duress that the incident may have caused to both of you.

The hotel being located in Puerto Rico, you may find some jurisdictional issues in trying to bring suit in your place of residence. That is, unless the hotel is chartered in New York, which I doubt because they usually take their coroporate charter locally, due to some labor law requirements, or in Delaware; or both. A diversity suit in the United States District Court for the District of Puerto Rico might be a good call.

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Answered on 10/09/06, 12:22 pm
Scott Levinson Korybski & Levinson

Re: Battery at a Ritz Carlton

Yes, your Husband may have a case agains the hotel for lack of security. More facts are needed to make a full determination. As for the "damages", that will depend on the extent of your husband's injuries. It appears that you and your husband are New York residents, and the case could be brought in New York. My firm handles personal injury cases like this, so please feel free to contact me should you wish to discuss this in further detail.

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Answered on 10/09/06, 7:52 am


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