Tag Archives: Handicapped

Hospitality Industry Legal Risks: Louisiana Hotel Sued For “Injuries Sustained By A Handicapped Guest”; Failure To Provide A Ramp Or Safe Access From Parking Lot To Room

“…the (hotel ownership) is accused of failure to provide a safe access/handicap access from the parking lot to the elevated walkway in front of the Hospitality Industry Injury Lawsuitsroom assigned to the (plaintiff)…an unspecified amount is sought for pain and suffering, mental anguish, embarrassment, humiliation, permanent disability, medical expenses and loss of income/ earning capacity…”

A local branch of a national hotel chain is being sued on claims of damages for injuries sustained by a handicapped guest. Anne G. and Timothy Conwell filed a lawsuit against Days Inn Inc., Days Inn Hotel 10020 I-19 Service Road New Orleans, La. and Nguyen, Nguyen & Vu LLC in the Orleans Parish Central District Court on Jan. 22.

The Conwells claim that while registered guest at Days Inn, Anne Conwell, who suffers from a handicap, fell and broke her right arm, ball and socket joint of her right shoulder, struck her head and suffered severe injuries to her hip and back. The suit claims that the fall was a result of the defendant’s parking area not having a handicap ramp or other access from the parking area onto the walkway and entrance to the first floor level rooms.

For more:  http://louisianarecord.com/news/250306-texas-couple-files-suit-against-days-inn-for-damages

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Filed under Guest Issues, Injuries, Insurance, Management And Ownership, Risk Management

Hospitality Industry Legal Risks: California Restaurant Chain Sued By Handicapped Woman For ADA Violations; Claims "Severe And Pervasive Accessibility Barriers"

“…(accessibility) barriers include having to cross the drive-through lane to reach the restaurant’s main entrance from the accessible parking area, excessive slopes in the path of travel to that entrance and ordering Hospitality Industry ADA Lawsuitslines too narrow for wheelchair users. The suit also claims wheelchair-using customers can’t reach the drinks and condiments on the service counter or slide the chair under the tabletops to dine…”

A wheelchair-bound woman who has eaten at a Redwood City Taco Bell at least twice a month for several years is suing the company for not complying with handicap access standards, saying she has been left humiliated by having others place her order or only procuring food through the drive-through window.

Susan Seales was part of a decade-old class action lawsuit against Taco Bell in which a federal judge ultimately ordered the upgrade of more than 200 California restaurants. However, in July 2012, the court also decertified the class for damage claims and Seales is now seeking that relief though the San Mateo County Superior Court.

Seales has lumbar stenosis which leaves her unable to walk or stand, according to the lawsuit filed Dec. 27. Between roughly 2002 and now, Seales has visited the Taco Bell at 2693 El Camino Real several times and from 2002 to 2009 dined inside the restaurant twice a month. From 2009 on, though, she has only used the drive-through to buy food which she eats in the parking lot because of the “severe and pervasive” accessibility barriers, the suit states.

Seales’ daughter or another customer would have to place her order as a result, giving her “discomfort, embarrassment and distress.”

For more:  http://www.smdailyjournal.com/article_preview.php?id=1760625&title=Woman%20suing%20Taco%20Bell%20for%20ADA%20issues

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Filed under Guest Issues, Insurance, Liability, Management And Ownership