Had a great stay at Wingate by Wyndham in San Marcos,Texas. Friendly staff and clean, quiet rooms are major determinants for hotels and motels we choose for a long road trip. The cute woman at front desk was vivacious, helpful, and eager to please!
We did have minor concern about sign posted in parking lot indicating that hotel has zero liability for any damages to vehicles parked in their parking lot. The wording on the signage is Guest Parking User Assumes All Risk. Now, what does this really mean? Does it mean that, if a hotel guest backs his car into a 2 foot deep pothole damaging tires, vehicle undercarriage, suspension, and rust causing scratches, ownership cannot be held legally libel to repair said damages? Understand that pothole damage could take a while to manifest which makes it even harder to go after hotel management for the cost of repairs.
One does not see many potholes that deep in lodging parking lots, but I am trying to make the point that the hotel’s assertion that their customer’s take on all risk for all damages has no legal basis. I am not contesting the fact that hotels are NOT responsible for theft or fender benders that happen in their parking lots. However, they should be aware of the free/thaw cycles that cause potholes and repair them immediately.
I only focused on pothole maintenance as a bare minimum responsibility, but a look at the picture shows a number of large overhanging tree branches above hotel customer cars. Need I mention that it is not the financial burden of hotel guest to pay for damages caused by falling heavy tree branches on to their vehicle.
Finally, the verbiage on the parking lot sign is not unlike the signs you see in many laundry mats saying they are not responsible for damages caused by dryers or washing machines. Also the obvious health risks, like breaking your hip when you step into a pothole on a dark night after a long road trip, is an easy to win lawsuit against hotel ownership irrespective of any signage they have posted! A friend, living in the Palm Desert, California area, used an attorney employed by the Robert Sebastian Gibson law firm, to settle a personal injury case. She had tried to deal with the offending party directly, but they ignored her phone calls, emails, and would not even sign off on certified letter stating her intent to have her medical bills covered. I believe it had something to do with handicap access not being well maintained which lead to injury of a non-handicapped person near it. Not 100% sure about the details, but the lawyer got her a good settlement.