Hotel sued over pool

CEBU, Philippines - A family last Wednesday accused Imperial Palace Hotel Group and Philippines BXT Corp. of “failing to ensure cleanliness of its swimming pool”.

The hotel’s alleged negligence in maintaining cleanliness of its pool resulted to the plaintiffs suffering foot, hand, and mouth disease.

“Dependant (hotel) acted with gross negligence when it failed to monitor and maintain the cleanliness of its swimming pool, resulting to the physical suffering of the plaintiffs concerned by reason of the illness known as foot, hand and mouth disease,” read the complaint.

The hotel, though, said their pool is well-maintained and that they follow international standards in ensuring cleanliness of facilities

“The management assures the public that our facilities are well-maintained in accordance with international hotel and ISO standard,” said Angela Emphasis, hotel marketing and communications manager, in a text message to The FREEMAN.

She said they have not yet received a copy of the complaint, but would address it in the proper forum.

Emphasis said it was the first time for them to be accused of such offense.

“Our facilities are always patronized by a substantial number of guest and, had we failed hygiene and cleanliness standards as claimed, there would have been an outbreak or, at the least, several cases of the disease,” she said.

Through legal counsel Wendell Quiban, spouses Robert Raymond and Maita Zamora and their children Ashley Paris Faye and Tricia Faye of 765 V. Rama Ave., Cebu City said they checked in the hotel around 4 p.m. last February 24.

Robert, Ashley, and Tricia then used the hotel’s swimming pool.  Around 11 p.m., however, Ashley, complained of “itchiness all over her body” and later developed high fever.

The family said that since they checked in they did not go out of the hotel. The following day, they used the swimming pool again.

“Excited and unsuspecting of the cause of the high fever (of Ashley), plaintiffs as well as Tricia Faye again used the swimming pool the following day, except (for) Maita who was still taking photographs of her family,” the complaint read.

When they reached home, Robert and Tricia Faye allegedly exhibited symptoms similar to what Ashley suffered.

They went to a hospital where Tricia was treated in the emergency room, while Raymond got admitted and spent five more days in confinement. Tricia Faye, on the other hand, was brought to a dermatologist.

The Zamoras said they spent a total of P300,000 for hospitalization and informed the hotel through its website, but no action was taken.

They then sent a demand letter but that, too, went unheeded, prompting the family to bring the hotel to court.

The Zamoras asked for P500,000 representing quasi delict damages; P30,000 in actual damages; P100,000 for compensatory damages; P500,000 for moral damages; P500,000 for exemplary damages; and P40,000 for litigation expenses.— /RHM (FREEMAN)