When the most everyday activity can lead to tragedy when we stay at a hotel
What happened?
A fifty-nine year-old woman was on holiday, and was staying at a well-known hotel chain. She was taking a shower when she was severely scalded by the excessive temperature of the water. Her son said she was treated in intensive care for six weeks but died of multiple organ failure.
The family claimed compensation, arguing that the hotel failed in its duty of care by not having fitted a thermostatic mixing valve to regulate water temperature.
Legal Outcome
The family were successful in their claim, with the hotel settling. Criminal proceedings were not brought, the authorities stating that it was not in the public interest.
What can we learn from what happened?
Firstly, this is an extraordinary case, and an example of when a shower, the most routine of activities, undertaken by pretty much everyone every day, can lead to a fatality. And a reminder that when not in a domestic setting, and when you as a customer is relying on a third party (the hotel) to enable you to undertake this every day activity, there may still be risks that need to be managed.
It will be tempting to assume that in such a situation, when the water in the shower is scalding hot, that the person in the shower would realise quickly and get out quickly. For whatever reason, the lady in this case study was exposed to that scalding water for long enough for the organ failure to occur.
So while it may be tempting to assume this, it is not reasonable to assume this because the woman died, so any reliance on this assumption is not a reliable control.
Another feature of this case was that it was reported that the hotel only made contact with the family when compensation was offered. Often it is assumed that for an organisation to make contact, and especially to offer an apology or condolences, will compromise their legal position, and this is something lawyers get very nervous about. The contrary view which also carries a lot of support is that such compassionate contact may be what the injured party is seeking, rather than financial redress.
And finally, while desperately sad for the family, given the vast number of guests who stay at this hotel, and other, hotel chains, it does seem this is a very isolated and exceptional incident. It did, however, happen, which means foreseeability cannot be contested.
Source of Information
SHP In-Court