#HotelAllergy #HotelCompensation #TreeNutAllergy #HotelEventPlanning #EventPlanningGoneWrong
😱 Can you believe it? A hotel served cashews without notifying a guest with a deadly tree nut allergy! This is not only a major health hazard but also a breach of trust and contract. If you’re facing a similar situation, here’s what you need to know about seeking compensation and ensuring this never happens again.
## The Importance of Allergy Notifications
When hosting an event at a hotel, it’s crucial to communicate any dietary restrictions or allergies to the staff. In this case, the event planner had explicitly informed the hotel about the guest’s tree nut allergy. The hotel had assured zero presence of nuts in the menu, which was approved in advance. However, the failure to label the appetizers resulted in a severe allergic reaction.
### Potential Consequences of Negligence
The consequences of serving an allergen without notification can be severe, as evidenced by the guest’s anaphylactic reaction. In addition to the immediate health impact, this incident can lead to:
1. Legal ramifications: The affected party may pursue legal action against the hotel for negligence and breach of contract.
2. Reputation damage: Word of such incidents spreads quickly and can tarnish the hotel’s reputation, impacting future business opportunities.
3. Financial liability: The hotel may be held financially responsible for any medical expenses and emotional distress caused by the incident.
## Seeking Fair Compensation
The hotel staff’s offer to discuss compensation is a step in the right direction. However, it’s essential to approach the negotiation with a clear understanding of the damages incurred. Here’s a breakdown of potential compensation considerations:
### Medical Expenses
The primary concern is covering the guest’s medical expenses resulting from the allergic reaction. This includes ambulance transportation, emergency room treatment, and any ongoing care required for recovery.
### Emotional Distress
Anaphylaxis is a traumatic experience, causing significant emotional distress to the individual and their loved ones. Compensation should account for this psychological impact.
### Impact on Business
Given that the event was hosted by a company, the incident’s impact on business relations and reputation should be considered. This may include reimbursement for the event planning costs and potential loss of future business with the hotel.
### Preventive Measures
In addition to compensation, the hotel should demonstrate its commitment to preventing similar incidents by implementing stringent allergy protocols and staff training.
### Legal Counsel
Seeking legal counsel can provide invaluable support in assessing the full extent of damages and negotiating fair compensation. A legal expert can also ensure that all legal rights are protected throughout the process.
## Taking a Stand Against Allergy Negligence
This incident underscores the critical need for hotels and event venues to prioritize allergy awareness and prevention. In addition to seeking compensation, it’s essential to advocate for remedial measures to prevent such occurrences in the future.
### Advocating for Change
Request a meeting with the hotel management to discuss the incident and propose actionable steps to enhance allergy safety protocols. This may include ongoing staff training, clear labeling of allergens, and regular audits of catering menus.
### Raising Awareness
Shine a spotlight on allergy negligence by sharing your experience on social media, review platforms, and with relevant advocacy groups. By raising awareness, you can encourage hotels to prioritize allergy safety as a non-negotiable standard.
### Collaboration with Allergy Organizations
Consider partnering with allergy advocacy organizations to highlight the importance of allergy awareness in the hospitality industry. Collectively, you can drive significant change and ensure that incidents like this are never repeated.
## Conclusion
The hotel’s failure to notify about the presence of cashews in the appetizers not only jeopardized the health of a guest but also breached the trust and contract. Seeking fair compensation for the damages incurred is essential, and advocating for improved allergy safety measures is equally vital. By taking a stand against allergy negligence, you can drive positive change and prevent similar incidents from impacting others in the future.
Did your company incur any monetary damages because of this?
Do you have a written contract stating that no tree nuts would be served? If yes, then you have grounds to sue. At the very least the hotel should pay for all medical costs. NAL
You and husband should retain your own lawyer separate from anything the business does.
The reason people are giving you a hard time about not saying this is your husband is that the legal advice is potentially very different if your primary affiliation is the company versus the person who was harmed
My former company used to be required to provide event insurance for any conference hosted, so I wouldn’t be surprised if attendee damages might be reported under such a policy, and then that carrier pursues the hotel.
Please be aware that TRICARE is legally entitled to claim the costs it paid for his care from a party like the hotel that caused his injuries. The process is generally called subrogation.
https://www.tricare.mil/FormsClaims/Claims/ThirdPartyLiability
If your husband reaches a settlement with the hotel, TRICARE may well be entitled to that money or a portion of it from him unless there is a written agreement for the hotel to pay TRICARE directly. Such payment probably comes from the hotel’s liability insurance.
When an attorney manages the settlement process they normally clarify how much of the settlement is going to you, to the health insurer, and to them (typically 1/3) before anyone signs the settlement release so everyone agrees to the deal.
As an extremely general guide, with an attorney, you need a settlement of three times the medical costs to recover something personally. If his medical costs (that TRICARE paid) were $10K, then a $30K settlement would be divided $10K each to TRICARE, to him for pain and suffering, and to the attorney. If the settlement were only $20K, the attorney can ask TRICARE to accept 1/3 of that amount as payment in full so you still get 1/3.
You need an attorney before you can consider negotiating or accepting any settlement. Your husband’s insurance provider, Tricare, is entitled to subrogation, which means they have first dibs on any compensation he receives from the hotel. If he were to accept, say, a $5,000 settlement, he might have to turn around and give all that money to Tricare, because they spent more than that on his hospital visit.
He can expect to receive a [third-party liability form](https://www.tricare.mil/FormsClaims/Claims/ThirdPartyLiability) from Tricare, if the hospital was made aware of the hotel’s potential liability.
NAL I might try to avoid coming to any agreements yet. It’s very soon after, and you may not have had sufficient timed to process, get to a level headed place, and truly understand your options and what the total cost is. Â
 The hotel proposed the immediate meeting*. Do you feel prepared and ready? You don’t have to go along with it, you can reschedule. You can give yourself a little space, take the rest of these excellent answers from people who know a lot more than I do, and do some more research. Let the dust settle and assess.
*They proposed an immediate meeting as soon as you mentioned a lawyer, and proposed it for the next day, which is too soon for you to even really consult with a lawyer and understand the facts. And here you are, frantically trying to get answers from internet strangers because that’s all this timeline allows for. It may feel like they are being proactive about making it right, but whom does it benefit to meet so quickly? Not you.Â
– Get a lawyer. DO NOT meet with the hotel rep or give out ANY info about him including medical reports. Trust me, if they have his name they’re already looking at his Facebook & other social media trying to limit liability.
– Same for your company. Do not discuss with ANYONE. Your lawyer will get any further info needed from them.
It always amazes me how people /parents of those with serious nut allergies will trust others to monitor for these ingredients. Unpopular opinion I’m sure, but people like this should ensure they bring their own safe food.
I’m surprised the military allowed him to enlist with an anaphylaxic food allergy.
I am allergic to tree nuts and carry my epi pen everywhere because I have gone into anaphylaxis shock. I also assume all risks when I eat out, even when they say there is no nuts.