Guest booted from hotel can sue, raising wider implications
A federal judge’s ruling that a New York City hotel guest can sue the Marriott Marquis in Times Square has industry-wide implications.
U.S. District Court Judge Lawrence Kahn found that the hotel could be negligent for giving a guest, Jeffrey Dagen the boot when hotel officials knew he lived 165 miles upstate in Latham, had been drinking alcohol served to him by the hotel and had little chance of finding another room in the city that night.
“It was entirely foreseeable that (Dagen’s) next stop after being kicked out of the hotel wasn’t going to be on the set with Dick Clark filming New York’s Rockin’ Eve,” Mr Kahn wrote in his ruling. “Common sense and common courtesy hold that innkeepers are expected to shelter those who have sought their protection, and … not to inject those people into obviously dangerous situations.”
The lawsuit for $750,000 claims breach of contract and negligence.
The suit raises the propsect of similar court actions taken by other hotel guests denied rooms, and raises the question of the rights of hotel-owners as well as guests.
Joe McInerney, president of the American Hotel and Lodging Association, said his organization does not keep statistics on hotel evictions, but that they are not uncommon — especially during holiday celebrations, weddings, conventions or proms, reported the AP.
Mr Dagen and the rest of his party were evicted from the hotel after paramedics were called to deal with an unconscious woman. The hotel did not refund Mr Dagen’s $4,000. Dagen told hotel managers he had been drinking, that he had nowhere else to go and was too tired to drive home, court papers say.
On his way home, Dagen’s car left a highway and struck a tree. His leg was broken and he suffered chest injuries.
He was not cited for driving under the influence, said Richard Feirstein, his attorney.
Report by David Wilkening
David
Vegas’s Billion-Dollar Secrets – What They Don’t Want Tourists to Know
Visit Florida’s New CEO Bryan Griffin Shares His Vision for State Tourism with Graham
Chicago’s Tourism Renaissance: Graham Interviews Kristin Reynolds of Choose Chicago
Graham Talks with Cassandra McCauley of MMGY NextFactor About the Latest Industry Research
Destination International’s Andreas Weissenborn: Research, Advocacy, and Destination Impact
Graham and Don Welsh Discuss the Success of Destinations International’s Annual Conference
Graham and CEO Andre Kiwitz on Ventura Travel’s UK Move and Recruitment for the Role
Brett Laiken and Graham Discuss Florida’s Tourism Momentum and Global Appeal
Graham and Elliot Ferguson on Positioning DC as a Cultural and Inclusive Global Destination
Graham Talks to Fraser Last About His England-to-Ireland Trek for Mental Health Awareness
Kathy Nelson Tells Graham About the Honour of Hosting the World Cup and Kansas City’s Future
Graham McKenzie on Sir Richie Richardson’s Dual Passion for Golf and His Homeland, Antigua
ADS PRO 
France prepares for a massive strike across all transports on September 18
Turkish tourism stalls due to soaring prices for accommodation and food
CCS Insight: eSIMs ready to take the travel world by storm
Germany new European Entry/Exit System limited to a single airport on October 12, 2025
Airlines suspend Madagascar services following unrest and army revolt