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Cars Trashed at Sheraton

 
Old 06-16-2009, 09:29 PM
  #31  
ADias
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I empathize with those affected. The sign itself is a clear indication that the hotel management knew that damage can occur. On top of that they were aware of a large P-car owner function and they should be savvy enough to understand that these people care about their cars. Good PR from their part should pay for competent detailing to correct the damage.
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Old 06-16-2009, 09:52 PM
  #32  
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Originally Posted by ADias View Post
I empathize with those affected. The sign itself is a clear indication that the hotel management knew that damage can occur. On top of that they were aware of a large P-car owner function and they should be savvy enough to understand that these people care about their cars. Good PR from their part should pay for competent detailing to correct the damage.
As a precursor, this is not legal advice and no one party shall rely upon the following information as legal advice. I strongly suggest retaining
legal counsel in your jurisdiction concerning this issue. There, I am covered.

This is an interesting situation. On its face, it does appear to be a simple sprinkler malfunction. However, a hotel, restaurant, retail store, etc. does
owe a duty of protection to its patrons. As a commercial business, it does
owe a higher standard of care and protection to its patrons than does your next door neighbor or a friend.

If you can prove/show actual damages did occur as a result of the hotel's
sprinkler system's malfunction, there is a very strong argument that they are liable for damages to your vehicle. The hotel does owe you a duty of protection while you are on their premises. And with this being said, the hotel has a duty to ensure that the sidewalks, staircases, grass, lobbies, etc. are safe for its patrons.

Someone had eluded to a laptop getting wet in a room from a fire sprinkler
malfunction. I did not follow his reasoning exactly, however, a hotel
would also be liable for this mishap. When you check into a hotel or
walk into a retail store, the law works to protect you from any potential
dangers that may exist. Of course, there are a number of other intervening
causes which may present themselves, however, this is a general rule.

Now, the main issue is, were the P-Cars actually damaged and do you
want to make an issue of it. I would say, take it in for a detail, and
next time, park away from any potential malfunctioning sprinkler heads.

Now all you have to worry about are run away luggage carts hitting
your P-Car.
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Old 06-16-2009, 10:19 PM
  #33  
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Originally Posted by allegretto View Post
Alan, are you an attorney?
No, but I live with one.
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Old 06-16-2009, 10:37 PM
  #34  
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Originally Posted by At Law View Post
As a precursor, this is not legal advice and no one party shall rely upon the following information as legal advice. I strongly suggest retaining
legal counsel in your jurisdiction concerning this issue. There, I am covered.

This is an interesting situation. On its face, it does appear to be a simple sprinkler malfunction. However, a hotel, restaurant, retail store, etc. does
owe a duty of protection to its patrons. As a commercial business, it does
owe a higher standard of care and protection to its patrons than does your next door neighbor or a friend.

If you can prove/show actual damages did occur as a result of the hotel's
sprinkler system's malfunction, there is a very strong argument that they are liable for damages to your vehicle. The hotel does owe you a duty of protection while you are on their premises. And with this being said, the hotel has a duty to ensure that the sidewalks, staircases, grass, lobbies, etc. are safe for its patrons.

Someone had eluded to a laptop getting wet in a room from a fire sprinkler
malfunction. I did not follow his reasoning exactly, however, a hotel
would also be liable for this mishap. When you check into a hotel or
walk into a retail store, the law works to protect you from any potential
dangers that may exist. Of course, there are a number of other intervening
causes which may present themselves, however, this is a general rule.

Now, the main issue is, were the P-Cars actually damaged and do you
want to make an issue of it. I would say, take it in for a detail, and
next time, park away from any potential malfunctioning sprinkler heads.

Now all you have to worry about are run away luggage carts hitting
your P-Car.
I'm a lawyer too (probably less experienced than At Law) and I concur. Also, my concurrence is not legal advice.
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Old 06-16-2009, 10:46 PM
  #35  
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I'm, not a lawyer either but nothing I have ever said, am saying or will say (intentionally or otherwise blurted out) should be contrued as legal advice.

Just trying to set the record straight.
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Old 06-16-2009, 11:02 PM
  #36  
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Anyone have Rejex on their car? I just wonder....it has been a tremendous help to my vehicles with bird poop that baked on all day and came right off with a little water....
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Old 06-17-2009, 12:45 AM
  #37  
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Seriously, Get a grip! My God, cars are meant for outdoor use, they will get wet, splashed on from puddles of much worse water, and crapped on by birds. Even more horrifying things can happen when you live where it snows.
When I lived in hard water heaven, California, my sprinklers would leave my cars looking just as bad when the wind picked up.
I found a way to get through it, somehow.

I wish people could see all the horrible elements their cars were subjected to en route to and by the dealerships, prior to owning them.
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Old 06-17-2009, 12:47 AM
  #38  
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Originally Posted by At Law View Post
As a precursor, this is not legal advice and no one party shall rely upon the following information as legal advice. I strongly suggest retaining
legal counsel in your jurisdiction concerning this issue. There, I am covered.

This is an interesting situation. On its face, it does appear to be a simple sprinkler malfunction. However, a hotel, restaurant, retail store, etc. does
owe a duty of protection to its patrons. As a commercial business, it does
owe a higher standard of care and protection to its patrons than does your next door neighbor or a friend.

If you can prove/show actual damages did occur as a result of the hotel's
sprinkler system's malfunction, there is a very strong argument that they are liable for damages to your vehicle. The hotel does owe you a duty of protection while you are on their premises. And with this being said, the hotel has a duty to ensure that the sidewalks, staircases, grass, lobbies, etc. are safe for its patrons.

Someone had eluded to a laptop getting wet in a room from a fire sprinkler
malfunction. I did not follow his reasoning exactly, however, a hotel
would also be liable for this mishap. When you check into a hotel or
walk into a retail store, the law works to protect you from any potential
dangers that may exist. Of course, there are a number of other intervening
causes which may present themselves, however, this is a general rule.

Now, the main issue is, were the P-Cars actually damaged and do you
want to make an issue of it. I would say, take it in for a detail, and
next time, park away from any potential malfunctioning sprinkler heads.

Now all you have to worry about are run away luggage carts hitting
your P-Car.
precisely! in other words, as a public place they have a responsibility to mitigate that risk since they are obviously aware of the danger (posted sign).

imagine if they had a sinkhole in the parking lot. does posting a sign saying, "danger, do not drive into the sinkhole", absolve them of liability if someone does? you and i would simply not drive into the sinkhole. but we both know, someone will!

in any case, i'm sure the Sheraton has insurance for this.
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Old 06-17-2009, 01:02 AM
  #39  
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Originally Posted by Edgy01 View Post
Lemon juice doesn't solve the problem, either. This stuff has eaten into the paint.
*shaking head*

From autopia:

http://www.detailedimage.com/Chemica...P194/16-oz-S1/
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Old 06-17-2009, 01:22 AM
  #40  
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Originally Posted by allegretto View Post
precisely! in other words, as a public place they have a responsibility to mitigate that risk since they are obviously aware of the danger (posted sign).
You gonna sue if your car gets hit by a golf ball at a golf course? How, exactly, was the hotel negligent? By using reclaimed water? By not having groundskeepers inspect sprinklerheads hourly instead of, say, semiweekly?

If a flock of pelicans flew over and shat all over the cars, they would be in the same boat. These Ventura/SB people should quit their whining and be grateful the hotel is using reclaimed water in order to conserve our fresh supply. How soon they forget the massive fires that were extinguished in part with lake and reservoir water...

The arrogance is just amazing. Embarrassing, really.
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Old 06-17-2009, 02:26 AM
  #41  
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You're welcome to come up and start polishing. I'm not one to look for a scapegoat but you had to be there.
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Old 06-17-2009, 03:24 AM
  #42  
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This is an interesting situation. On its face, it does appear to be a simple sprinkler malfunction. However, a hotel, restaurant, retail store, etc. does owe a duty of protection to its patrons. As a commercial business, it does
owe a higher standard of care and protection to its patrons than does your next door neighbor or a friend.
Yes, but common law has recognized there is no duty is owed if the danger is made known. If their sprinkler signs contained no warning, then liability is possible.

EGS - ESQ in training (Year 2)
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Old 06-17-2009, 03:30 AM
  #43  
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Originally Posted by Eric - Plug Guy View Post
Anyone have Rejex on their car? I just wonder....it has been a tremendous help to my vehicles with bird poop that baked on all day and came right off with a little water....
Interesting. People seem to love Rejex but i have been completely unimpressed by it. Shortly after having a professional detail (Menzerna polishes + Rejex) my car was bombed by some kind of bird. Not baked on by any means (we're talking Seattle here) but it may have sat for an hour or so.

Etching commenced right away.
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Old 06-17-2009, 04:07 AM
  #44  
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I feel bad for the owners of the damaged cars. But one of the first things I thought was, why is a Porsche club meeting at a Four Points Hotel? I love most Starwood Hotels, but Four Points Sheraton is a one rung below a Sheraton Hotel. Wouldn't at least the W or St. Regis be a better fit?
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Old 06-17-2009, 08:09 AM
  #45  
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Originally Posted by fxhomie View Post
Yes, but common law has recognized there is no duty is owed if the danger is made known. If their sprinkler signs contained no warning, then liability is possible.

EGS - ESQ in training (Year 2)
i believe case law trumps common law. and the hotel has a fiduciary responsibility to its guests, especially if it can be shown that the hotel could have mitigated the danger.
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