# wrongful death suit against silverleaf seaside - galveston



## TUGBrian (Jan 3, 2014)

http://setexasrecord.com/news/293191-broker-wants-montgomery-co-to-hear-timeshare-death-suit

have to hear more details to form an opinion on this for sure...


----------



## csxjohn (Jan 4, 2014)

These kinds of suits make me laugh but they're not funny.  The guy knows his room is 3 flights up and it's someone else's fault that he goes up and down a couple times and his heart wears out?


----------



## jejones3329 (Jan 4, 2014)

I am confused on whether there thru RCI or Silverleaf as does mention having bought at Conroe which would probably be Silverleaf's Piney Shores . As for the stairs , I looked and RCI does not warn about stairs there. If one did not know before arrival and could not be given a different unit then I can see where they would push themselves to do more then they should. Silverleaf has not had any non - presidential units at Seaside that dis not require stairs. They are in process of building a lodge with elevators and they do now offer help with luggage.


----------



## jejones3329 (Jan 4, 2014)

Earlier dated article mentions complaint of buying at Conroe instead of Galveston, Conroe resort does have easier access so not clear how that would fit in with the wrongful death suit. 



https://setexasrecord.com/news/2921...-facility-for-late-husbands-fatal-head-injury


----------



## dougp26364 (Jan 4, 2014)

I'd like to think there's more to this than is in the article. If it's just there was no elevator, the some responsibility has to be on the plaintiff. Otherwise every building in America is going to need to put in elevators if the buildings are greater than one story. 

Did they request and low floor? Did they request an accessible room? Are there documented lies by a salesman? Why didn't he rest between carrying suitcases?


----------



## Patri (Jan 5, 2014)

Or the wife carry them. Yes, a sad case, but accommodations should be cleared before accepting a trade. I hope to take my folks to a resort this summer, but called the resort directly to ask about handicap accessibility. We will get the same unit which was deposited, and while the view is not what we hoped, it is at ground level, which is more important.


----------



## Hophop4 (Jan 5, 2014)

We don't know if they were on a RCI exchange or SL.  It looks like they bought a week at Piney Shores and I am guessing maybe a Lodge Unit which restricts you with SL to get a Presidential Unit.  If they exchanged with RCI they could have traded into a Presidential and have the elevators.  Seaside is in the process of construction on a new Lodge Bldg with elevator.   I think everyone should be aware of their limitations and do your research on stuff like this.


----------



## vacationhopeful (Jan 5, 2014)

The GUEST at any lodging NEEDS to open their mouth and SAY, "I need help." I have ONE resort where there are ONLY under 5 or few units without elevator access to a 2nd floor unit. I have been asked "Do I need help getting my luggage to the unit and building?"  I have been asked when I arrive without a car and the unit is located over pavers, a couple of steps, and a good block away from the front desk, if I need assistance..  The staff would have in BOTH cases send a maintenance team member to assist me.

Maybe a woman will get asked more OR a woman will speak up --- but it is a decision each individual acts on. I have turned away from units where I did not like the unit location (safety), actual electrical panel box (very rusted & old), furniture condition & cleanliness, excessive noise, etc. 

Please get older family members to consider that their health and well being is more important. Asking for the manager or calling RCI/II is the 1st step. AND then accept ONLY a safe solution to the problem - and sometimes that means NOT STAYING there at an added expense to the family member.

I am not visibly disable or elderly in appearance. I do a lot of physical work with construction guys - but don't do the gym and personal trainer. Or as my health nut sisters have said, I am in much better shape than they thought. AND I did qualify for the DISCOUNTED rate on my LTC insurance.


----------



## csxjohn (Jan 5, 2014)

Patri said:


> Or the wife carry them. Yes, a sad case, but accommodations should be cleared before accepting a trade. I hope to take my folks to a resort this summer, but called the resort directly to ask about handicap accessibility. We will get the same unit which was deposited, and while the view is not what we hoped, it is at ground level, which is more important.



I sometimes call a resort before I exchange if I think there maybe something I can't find on line.  I don't have accessibility issues so that's not a concern for me right now.

If I could not climb stairs I would sure ask first.

I always call the resorts after I make a trade to get some info about amenities.  I sometimes ask about  the unit and am usually told that it will be assigned when I arrive.


----------



## easyrider (Jan 6, 2014)

It is wrongful death if the death is caused by faulty equipment like an improperly closing door. 



> Korean War veteran, was overwhelmed by fatigue, fell, and fatally struck his head on “an improperly self-closing door”



If the door isn't ADA compliant or if the closer hasn't been maintained causing the door to shut and an injury results I would think the resorts liability insurance would cover this. Since the man died as a result of the door possibly closing too fast, which is what happens when door closers fail, then I think they have a legit lawsuit. 

Bill


----------



## Sandy VDH (Jan 6, 2014)

Did they request a top floor, or did they get a top floor.  Why did they not request a first floor unit???

In Galveston the NON presidentials are all walk ups. ONLY the presidentials have an elevator.  The first floor with a room is up 1 floor anyway, as the resort is all on stilts. 

What % of the death is a result of the fatigue with climbing stairs vs the hit in the head on the defective door (what ever that is). 

The deceitful practices have nothing to do with the wrong death.  Separate matter all together.


----------



## Hophop4 (Jan 6, 2014)

I think there are still a lot of unanswered questions that we don't know about this lawsuit.  Why do they want to involve Montgomery County (Piney Shores) they were staying at Seaside.  How does RCI get involved is this?  Was it a RCI exchange or SL exchange or SL Bonus?  Did they prove the door was faulty and caused the death?


----------



## dougp26364 (Jan 6, 2014)

easyrider said:


> It is wrongful death if the death is caused by faulty equipment like an improperly closing door.
> 
> 
> 
> ...



This I could see. Failing to properly maintain the property causing injury would be an issue and cause for liablity.


----------



## Hophop4 (Jan 7, 2014)

If they were in a top floor Lodge Unit at Seaside it sure was not ADA compliant.  There are no Lodge Units that are Handicap.  After they complete the new construction of the Lodge Bldg they may put a Handicap Unit in (don't know) but the building will have an elevator.


----------



## quikitikit (Jan 20, 2014)

TUGBrian said:


> http://setexasrecord.com/news/293191-broker-wants-montgomery-co-to-hear-timeshare-death-suit
> 
> have to hear more details to form an opinion on this for sure...



Whether they bought or traded there, they should NOT have a 3rd floor unit if health and fragileness may be an issue.  If the front desk assigned them a room, person should NOT have given them a 3rd floor room.  

I have been to several timeshare exchanges and many places with 3 floors or less DO NOT have elevators.  Thus, since we are healthy and in our 60's, we can go up 3 flights of stairs with our luggage without a problem.  But in our later years, I have no problem making sure and checking ahead that the room I will get is on the 1st floor if health becomes an issue.  We all need to know our limitations.  If there are any safety issues with the room, this needs to be brought to someone's attention to resolve ASAP.


----------

