Can this trip be saved? Slipped and fell at a luxury resort — how about a refund?

The Langham Huntington, Pasadena is billed as a five-diamond “iconic landmark hotel” at the base of the San Gabriel Mountains in Southern California. You can’t get a room next weekend for less than $200 a night.

But Joanne Pratt won’t be checking in to the Langham any time soon. During her last visit, she had an accident — I’ll let her explain what happened in a minute — and she wants me to help make things right.

Unfortunately, there’s no standard protocol for dealing with guest injuries. Hotels handle them on a case-by-case basis.

While Pratt was a guest at the hotel in early February, her toilet overflowed.

In turning around to try to jiggle the handle to make it stop, I slipped and fell on the marble floor, finding myself lying in about an inch of water in my nightgown.

I badly injured my left knee. It was not broken but more than a month later still hurts and requires physical therapy. Although the hotel’s insurance company claims the hotel has no liability, they are covering my medical bills and physical therapy.

End of story? Not quite.

I was appalled at the hotel’s lack of response to my injury. On the basis that we did not “Experience 5 Star Luxury, Comfort, and Supreme Service,” as advertised, I requested that the hotel refund our hotel costs in the amount of $957. Although apparently in response to my email, an insurance company representative finally contacted me, I still have received no response from Langham.

So Pratt slipped and fell, the hotel covered her medical bills, but she wants it to refund her room, too? Hmm. I don’t know about that.

I can understand her point of view. She was promised a “five-star” experience, but when her toilet overflowed and she cracked her knee — and when the hotel staff failed to respond the way she expected it to — the Langham fell short.

At the same time, the hotel is paying for her medical bills. And it did provide her with a room, as promised. (An overflowing toilet in a hotel is common, and it’s not always easy to figure out who’s responsible. It could be a previous guest, or bad plumbing or it could be the current guests who’s at fault. Not gonna get into that discussion here.)

Pratt sent me her email to the Langham, and after I read it, I suspected I knew the reason the hotel was silent.

Here’s what she wrote:

I am bringing this matter to your attention because our stay at one of your major hotels was so far below the standards that we expected.

We did not “Experience 5 Star Luxury, Comfort, and Supreme Service,” as advertised and request 1) a refund of our hotel costs in the amount of $957.44 and 2) in addition, $7,500 as compensation for my medical bills and pain in lieu of my filing a lawsuit.

Yep, she said the “S” word. And when that happens, any halfway competent hotel manager sends the email to the legal department without replying.

Meanwhile, Pratt is trying to dispute her credit card charges from the hotel.

I have formally made a protest to Mastercard but the options listed for withholding payment are: Did not make a guaranteed reservation or authorize this charge; Reservation was cancelled; or Merchant was paid by other means, none of which fit the basis for my request.

This isn’t easy. I think a $7,500 payment may be too much — a court might find otherwise — but I agree with Pratt that if her account is correct, she didn’t experience five-star hospitality.

Should I get involved?

Update (5/11): Pratt decided to dispute her hotel charges. I heard back from her today. She’s received a full refund.

(Photo: Es thr/Flickr Creative Commons)

  • Joe Farrell

    Once you threaten to sue negotiation is over –

    Sue or negotiate – you cannot do both simultaneously in a small claim like this . . .

    Did the OP file an accident or other report with the hotel before she left? [Lord I hope so]

    Did the OP go to doctors who are documenting the issue?

    Did she EVER and I mean EVER going back to birth injury that knee?

    what are the injuries? ACL? LCL? Has it been scoped and a look see taken? What does an MRI show?

    At the end of the day – you are better off leaving the plumbing to the hotel employees- as crazy as that sounds – the hotel’s lawyers will blame her for the problem in the first place, as evidenced by her evidence of guilt in trying to fix it herself and then she fell because of what she did.

    If she simply left the room – called the front desk and sat on the bed until they arrived – however long it took and whatever damage it caused to the room was not her fault – then its not likely she would have injured herself – assuming the facts are as stated – she now has to prove something completely unrelated to her injury and explain why she tried to fix it herself not being a plumber I suppose.

    Plus – unless surgery is called for or there is a permanent injury its too small a case for most PI lawyers. Seems now she is between a rock and a hard place now that she threated suit. A lawyer should threaten suit – not the average person without a clue as to what they are doing.

    I can go on and on here – but – its done.

  • MichelleLV

    I say don’t mediate. She will probably sue you if you are not successful in getting her what she wants. This lady is crazy and they should have not given her anything. I think paying her medical bill was a nice touch but not mandatory when a guest does something stupid. The smart thing to do if the toilet overflows is to walk out of bathroom and call the front desk. It is her own fault.

  • Chris in NC

    Joe is right. At $7500 + $957.44 + medical bills, the amount is simply too small for a PI attorney to consider.

    Personally, I think the OP threatened to sue out of anger, but by doing so, she has severely limited her options. As others have wrote, it is unlikely that an ombudsman will be of benefit, as the claim has likely been forwarded to the legal department.

    Then again, not every accident is necessarily someone else’s fault!

  • Cory J.

    Bill and Wendy Whiner at it again! I can’t fathom how she could be lying in 1″ of water from a simple toilet overflow. The thing would have to be running like Niagara Falls. It sounds to me like this one is given to telling a few tall tales out of school. I’m not quite sure how she did not experience a 5-diamond stay for the remainder of her stay. The hotel services would have continued at the same high standard, and that her bum knee may have caused her to experience some discomfort, it would it no way reflect the high level of service the property provides. She’s a whiner, plain and simple, and the threat of litigation simply elevated her to pond scum in my humble opinion.

  • Raven

    @Kara Jones:
    I’ve been on this site before it was elliott.org. Back in the day when it was Tripso, and let me tell you…I don’t mince words. This lady sounds like your typical Slip-and-Fall Artist. I’ve known quite a few in my time and in my line of work. They always ask for their settlement before contacting a lawyer because the lawyer will cost them money or (usually) the lawyer won’t take the case because it’s not worth the money.

    And why $7500 for “pain and suffering?” Sounds like someone knows the statutory maximum for small claims cases in their state, which leads me to believe this isn’t the first time this lady has been in this situation.

    Unfortunately these Slip and Fall Artists know how to game the system–that being “pay me some hush money and I’ll go away.” To a five-star resort, $7500 is probably pocket change. I’m just amazed at that she tried to drag Chris into the scam.

    So yeah, I’m the cold hearted one of the group. Don’t like what I write, don’t read, Ducky. :’P

  • B.J.

    NO. Don’t get in to this one.

  • Bill

    I’d stay away from this one.

    Why did the toilet overflow, I wonder? This has not been disclosed.

  • Ed

    While I may not agree with the compensation, the moment she mentioned a lawsuite, this is a lawyer thing and should not be meddled with by mere mortals! sorry…But once you mention lawyers, it’s out of the hands of normal folk!

  • Julie

    Don’t mediate. The hotel shouldn’t have volunteered to even pay the medical bills, nor should she have asked them to.

  • Unicorn

    Most of the time I support the OP in situations like this. We’ve gotten so accustomed to forcing hotels and airlines and car rental places and such to do the right thing (or even the legal thing) it’s natural to ask for the moon, even if we’d settle for a lower orbit satellite. But in this case she’s closed the door to mediation by invoking the dreaded “L” word. The hotel will run for cover and dig in and she’ll get nowhere fast.

  • David Z

    I’m rather curious to hear from the 5% who answered yes to the survey. And don’t worry, you won’t be sued. :)

  • Flyer

    Once I hear sue, it’s game over.. you can speak to only my attorney.. I tend to agree with the others.. she used that term out of frustration.. and maybe understandably so.. but… once you make that threat.. and let’s be clear, it was just that; a threat.. the hotel was left with no real other alternative.. it goes to legal..

    I have to agree with @Joe.. You negotiate as long as you can, but once you drop the “S” bomb, that effectively ends it here.. wherever you are..

    I think this is no longer a matter for Chris.. it needs to be resolved between the legal representatives of each party..

  • Kara Jones

    @Raven
    Oooh, you showed me, didn’t you?! You called me “ducky”. Ooh, I’m going to go home and cry now.
    Understand this: I couldn’t care less what you think. My post wasn’t about you. Get a life.

  • LadySiren

    @Kara

    Sorry if you took offense to my strongly worded post; I am however, in no way a troll and I won’t make apologies for having opinions. And in my opinion, she’s all three of those things that you pointed out.

    I generally try to be even-handed in my comments about stories, but this one really irritates me – the OP is one of the reasons, IMO, that travel vendors view customers as paying annoyances. They don’t like us but they do like our money, so they’ll treat us with the bare minimum of respect and courtesy and call it good.

    So, sorry that your tender sensibilities were offended but I’m not going to let you or anyone else censure my opinions or my words, ‘mmmkay?

  • Mike Z

    I’m in agreement with the others who say that the lady threatened to sue, so do not get involved. This is also why she hasn’t heard back from the hotel. the matter is in the hands of their lawyers/insurance company now.

    I will disagree with all the others who are calling her a slip and fall artist, or any number of other things. I am a facility manager and can say for 100% certainty that if someone slips and falls on one of my floors, I am responsible 100%. If it is raining, I should know that the floor may be wet and take as many precautions as possible, inlcuding posting appropriate signage and having someone mop the water or adding additional carpets.

    Now, I have been in some rather nice hotels and for the most part, the bathrooms use a large 12″x12″ or larger granite looking square that is highly polished. The flooring generally is very even with a nice marble “lip” between the flooring and the carpeting. I can see how there could be 1/2″ of water on the floor. I can also see how it would be easy for someone, who in their haste to try and move around and get out of the water could slip and fall. The lady injured her knee, and since it happened because of a hotel problem (even if she backed up the toilet, it malfunctioned and would not stop flowing after the 1.6 gallon flush had occured. This is the problem of the hotel, not her) The hotel should not have billed her for nights that she had not yet used. They should also be paying her medical expenses PLUS an amount TBD based on how long she has suffered, etc. if she has had to have therapy for a month or more on her knee, I don’t think what she is asking for is out of line.

  • Melissa

    Why on earth is this woman at all surprised her letter was met with the sound of silence? When will people understand that extortion is never a positive way to settle any issue, particuraly in the travel industry where you have millions of people in and out of places all the time and sooner or later someone is going to slip and fall. This doesn’t always mean that someone (i.e. the supplier, tour operator, etc) must pay through the nose, accidents happen, it is not always negligence.

  • Texas Road Warrior

    I’d stay away from this one and agree with many of the others that it sounds like a scam.

    The tell is that she is asking for $7500 for “medical bills and pain”. I don’t see where she was medically treated on the property or sought immediate medical attention off property at the time the incident occured.

    I agree with Joe Farrell if she has brought in attorneys there is nothing to negotiate other than the settlement.

  • Vance

    She made her decision before she wrote you Chris. She chose to sue. Unless you are taking PI cases, she contacted the wrong office. If she goes ahead and files, maybe she’ll get some cash. Right or wrong.

  • Raven

    @Kara:
    Wow, spent all day coming up with that comeback, did ya? Please, just leave. You are probably the same idiot who stopped and chewed out a 7-year old in my building because the kid called something “crazy” in a conversation to her mother. Apparently “crazy” is “ableist” language and must be banned from speech.

    Yeah, I know your kind. Begone.

  • http://www.elliott.org Christopher Elliott

    Hey everyone, please be nice.

  • Duke Nukem

    Hmmm…”The Langham Huntington, Pasadena…at the base of the San Gabriel Mountains in Southern California… Joanne Pratt…” Hmmm, that last name sounds awfully familiar….I’d bet Duke Nukem Forever’s release date that Ms. Pratt is related to Mr. Spencer Pratt, one of the biggest reality TV sluts known to mankind! You know how much he and his slutty wife Heidi MonCrap complain about everything!

    Then again, she may not be related, but whether she is or not, NO MEDIATION!

  • Dave

    Whatever happened to the “reasonable person” concept? Anybody with any intelligence whatsoever knows that wet tiles are slippery and will take extra care when moving on them. As someone else mentioned, she must have been “jiggling the handle” for quite a while for that much water to get on the floor. She’s as much at fault as the hotel (if not more so; yes, toilets overflow, but it’s somewhat impossible to predict just when it’s going to happen).

  • David Z

    Whatever happened to the “reasonable person” concept?

    Heh, that depends on one’s definition of “reasonable person”.

  • Dee

    The question I have is “was she experiencing the 5 star experience up to the point where she fell? If she was, even though she fell, she got what she was paying for and nope a refund shouldn’t be expected.

  • F.G.

    If the Hotel Is paying her Medical Bills and theropy, I feel she should be lucky to get that. I wish her a speedy recovery.

  • J. Yoon

    I agree with the spirit behind most of the comments about this post, but I think there might be a misconception about mediation versus advocacy. Mediation is used as an alternative method of dispute resolution with the goal of finding a resolution that satisfies both parties and hopefully keeps them out of the legal system in the form of a lawsuit. Advocacy, in Chris’ case, is the use of an expert that might have a better chance of framing an issue and presenting it with access to decision-makers.

    In this case, I do not believe that the OP needs an advocate as she seems to have passed the point of needing someone to help her make her case. Instead, I would say that this is the perfect case for mediation because this is exactly the type of case that should not end up in a court of law taking up time. Instead, a good mediator should be able to find common ground where both the OP and the hotel would be satisfied.

  • J. Yoon

    I guess the follow-up question to Chris is if you view yourself as a mediator, an advocate, or both?

  • http://www.elliott.org Christopher Elliott

    @J. Yoon, sometimes I’m a mediator, sometimes an advocate. It really depends on the case.