LIHUE — A California family is suing the Marriott for a falling headboard. Bonnie and Walter Hagmaier and their minor daughter Savannah, residents of California, were staying in a unit at Marriott’s Kauai Beach Club on July 27, 2012. As
LIHUE — A California family is suing the Marriott for a falling headboard.
Bonnie and Walter Hagmaier and their minor daughter Savannah, residents of California, were staying in a unit at Marriott’s Kauai Beach Club on July 27, 2012. As Bonnie and Savannah slept in the same bed of the unit, a large wooden headboard fell onto the bed and struck them, the suit said.
It took some time before Savannah could be removed from the bed, the complaint states, and Bonnie suffered a serious and debilitating head injury that continues to cause her pain.
The suit alleges negligence for failing to exercise reasonable care in the installation of a large, wooden headboard with insufficient anchoring to hold it securely and for failing to maintain the headboard in a safe condition.
The suit is also claiming innkeeper negligence for failing in the duty to take reasonable action to protect against unreasonable risk of physical harm in the timeshare unit. It alleges that the instillation was in violation of building standards. The plaintiffs are seeking incurred medical, rehabilitative, and miscellaneous expenses and future related expenses.
The unit belonged to Bill Bynarowicz, an Arizona resident, and was managed by Marriott’s Kauai Beach Club. Marriott Ownership Resorts doing business as Marriott Vacation Club International, a Delaware corporation, Marriott Kauai Ownership Resorts, Marriott’s Kauai Beach Club Owners Association, are also named as defendant’s in the suit.
The Hagmaier’s attorney Dennis O’Connor Jr. of the Honolulu firm of O’Connor Pladon & Guben LLP declined to comment.
“It is not our intention to fight this case in the media,” O’Connor said.
Calls to the Kauai Marriott and to Marriott Vacation Club International corporate offices in Orlando, Florida, were not returned.
