Failure To Train: Hilton Hotels Sued In Mercedes Case

[Michael Harris]

This is scary. I knew that a police supervisor was liable for “failure to train”, but I had not extended that to the PI business.

Hilton Hotels Sued In Mercedes Case – Houston, Feb. 21, 2003

A private investigation firm and a hotel chain were added Thursday as defendants in a civil lawsuit brought against a woman convicted last week of mowing down her husband in her Mercedes-Benz.

The lawsuit blames Clara Harris for David Harris' death and seeks to bar her from access to his estate, valued at more than $6 million. It was filed by David Harris' ex-wife, Debra Shank, on behalf of their daughter, Lindsey Harris.

On Thursday, Shank named Beverly Hills, Calif.-based Hilton Hotels Corp. and Blue Moon Investigations in the suit, claiming they bear some responsibility in David Harris' death.

Clara Harris, a 45-year-old dentist, ran over her orthodontist husband last year in the parking lot of a Hilton in suburban Houston after finding him there with his receptionist-turned-lover. She was sentenced to 20 years in prison Feb. 14.

The lawsuit alleges Hilton failed to properly train employees to handle confrontations, and that the private investigation firm violated industry policy by telling Clara Harris where her husband could be found.

Blue Moon vice president Bobbi Bacha said her employees simply upheld their contract with Clara Harris, who hired the agency to follow her husband. Bacha said she violated the contract by going to the hotel that night.

Kathy Shepard, a spokeswoman for Hilton Hotels, said she hadn't seen the suit and it was the company's policy not to comment on pending litigation.

The amended lawsuit seeks unspecified damages from Hilton. From Blue Moon, it seeks the proceeds of the story rights Bacha and her husband sold to CBS. That money would be placed in a trust for Lindsey Harris and her 4-year-old twin stepbrothers.

[Colleen L Hayes -]

Hi Michael,

I'm speechless!!!

[Michael Harris]

Colleen,

This is scary. I was well aware of the problems that the police have. The supervisor can be sued to 'failure to train', but I have never heard of a PI having that problem.

I believe it was in The Idiot's Guide to PI (http://www.ipiu.org/forums/showthread.php?s=&threadid=10324) that the author recounted an incident in which he called the client (the wife) when the PI had tailed the erring husband to a motel with another woman. The wife showed up and there was a "scene". The PI learned that you never tell the client until the next day the exact location.

Something to learn from. :rolleyes: :o

[Colleen L Hayes -]

Hi Michael,

I just learned something else from you. Wait until the next day. Either that orrrrrrrrrrr show up at her house with an "Idiot Guide for the Woman who listens to the PI with the "Idiot Guide for PI's"'

I'm not sure if that came out right or not.
:D

[Michael Harris]

Ccolleen,

I think something got lost in translation. :rolleyes: ;)

[Colleen L Hayes -]

Hi Michael,

That's ok, I wasn't really thinking very clear. It just baffled me!

:rolleyes: :confused:

[Michael Harris]

Colleen,

You are among friends. You are allowed to be confused occassionaly. (just like the rest of us) :rolleyes: ;) :p :o

[Jeff Creedon]

I have to say when your hired to do a job you have to do your job.

[Barbara Holtzman]

:)

[Shiela M Hargett]

Consider this;

What if, as an investigator hired to follow a spouse and you do just that, say, to a hotel and you are in your car "waiting" and while you are waiting you notice that the other spouse (the one that hired you) has been following you or for whatever reason seems to just show up and begins a scene.

What kind of liability do we face then? We didn't TELL the spouse where the other spouse was, she (for instance) just shows up.

What then? :confused:

[Edward Taguba]

Originally posted by Shiela M Hargett
Consider this;

What if, as an investigator hired to follow a spouse and you do just that, say, to a hotel and you are in your car "waiting" and while you are waiting you notice that the other spouse (the one that hired you) has been following you or for whatever reason seems to just show up and begins a scene.

What kind of liability do we face then? We didn't TELL the spouse where the other spouse was, she (for instance) just shows up.



Shiela,

I just read that in the PI for Idiot's book.

Make sure that the person your following you keep the other person updated before the person shows up at the hotel.

The one case I read is similar to what you just posted but it has domestic abuse too.

[Shiela M Hargett]

Wow! Suppose I should get that book. :D

[Michael Harris]

Shiela,

If you can only have one book, The Idiot's Guide to Private Investigation (http://www.ipiu.org/forums/showthread.php?s=&threadid=10324) is the one.

Nothing you learn here in the forums contradicts that book. The nice thing about the IPIU and all the decent books on investigation is that they all have the same no-nonsense approach to investigation.

Besides, the idiot's guide is very readable. :) :D :cool:

[Barbara Holtzman]

:)

[Shiela M Hargett]

Michael,
That's at the top of my "to do" list (to get that book).

Barbara,
Well, I certainly do hope that experience comes with LOTS of training and I am the first to admit that being this "new" only means that I am probably the brightest color of that new green that there is, I was just pondering the "worst case scenerio" cause if it could happen, it probably would happen with me and I just want to be prepared from all angels.

Can the hunter become the hunted? I think some can. Would I want to follow into that category? Absolutely not! :)
Would I willingly give out vital and highly energetic information as to the where-abouts of the husband if the wife had hired me? Not just NO but HECK NO !

Anyway, thanks for the feedback. I have much to learn.

[Barbara Holtzman]

Originally posted by Shiela M Hargett
I was just pondering the "worst case scenerio" cause if it could happen, it probably would happen with me and I just want to be prepared from all angels.


No, don't think that way. While luck has something to do with everything, and brains don't hurt, education, training and experience will help you avoid all the bad stuff.

;)

[Michael Harris]

Originally posted by Barbara Holtzman
... education, training and experience will help you avoid all the bad stuff.
Barbara,

Well said! :D :) :cool:

[Shiela M Hargett]

Barbara - you are so right.

[Tana Fritts]

I have to wonder why the PI called the client in the first place. If you work as a traniee, for a company, I would think you would call the company and tell the boss, not the client. Isn't it the bosses job to talk to the client not the PI. The only time I could see that happening is if your were the boss, but I would think by then you would have the training, experience,and knowledge to know not to do that.

[Barbara Holtzman]

:)

[Dragos Sfinteanu]

Michael,

This Forum makes an agreaeable advertising for the "The Idiot's Guide to PI". Where could I order it?
Thank you

Dragos

[Michael Harris]

Dragos,

This following link should do it - it is from IPIU:

The Complete Idiot's Guide to Private Investigating (http://www.ipiu.org/forums/showthread.php?s=&threadid=10324)

<center>[Link Edited By Administrator: IPIU Item] </center>

[Lisa Hawkinson]

Yet another interesting spin....

At the beginning of this post, the reading was not surprising given the world we live, so I was thinking about responding with some humor such as (with the tone of the "Letterman Top 10 List, of course):


"Michael, are you related to these folks?" and
"Maybe the PI agency should have chosen a better name, rather than the one from the show "Moonlighting" with Bruce Willis..."


Then the post is summed up by Mr. Ley, who gave me some very valuable insight, by the way, on how I may personally proceed. His professional opinion about reading material, reading the posts here on the forums, and the badges was priceless.:confused:

Interesting, very interesting.........

Thank you Mr. Ley for your valuable contribution (IMO) and thank you Mr. Harris for your initiative

[Dragos Sfinteanu]

Michael,

Thank you for the information. I was going to paid a visit to Barnes et Noble when I got your message. I will order the book trough IPIU , after posting 25 comments (that's the rule!)

Dragos

[Michael Harris]

Dragos,

I get a tremendous discount at Barnes and Noble, so I go there first. I have been doing that for a dozen years.

I also get great discounts at Walden Books. I buy so many because I reas so many. :)

[Dragos Sfinteanu]

Thank you, Michael

I will apply for the discount at Barnes et Noble. I also love to read. The bad side is that I have a very limited time for this.
Ironically, years ago when in Romania, I read all Solzhenitzen
("smuggled in the country from the "West), at a time when it was severely prohibited. Now, here, where I can find any book I want,
I have no time (or very little) to read. That's the life...

Dragos

[Technical Support]

Originally posted by Michael Harris
Dragos,

This following link should do it - it is from IPIU:

The Complete Idiot's Guide to Private Investigating (http://www.ipiu.org/forums/showthread.php?s=&threadid=10324)
http://www.ipiu.org/images/Books/completepi.jpg

<center>[Link Edited By Administrator: IPIU Item] </center>
On Sale for $9.99 to union members;

or $11.99 for non union members who have posted 25 or more comments on the forums.

[Dragos Sfinteanu]

Thank you again Michael, for the link, support, and kindness.

Dragos

[Michael Harris]

Dragos,

You are welcome.:) :cool:

[Tina M Phillips]

Wow!! I see you have to be very careful with what you do as a PI.

I was interested in this area too. Well I will get that book to be more informed as I am trained. I always had a thing about any "idiots guide to....whatever", but I won't take it so seroiusly now.

Thanks Michael for the thread.

[Debra Lewis -]

many situations these days are now very scary, due to lawsuits, unpredictability, and the overwhelming amount of informatio necessary to do any job.

i believe there is missing information in the article above. and that is what the lawyers will sort out, in court.
it does boil down to what the contract stated though. and we don't really know what was stated in the contract.
a lesson in this is the disclaimer related to uncontrollable homicide or death, or injury.

of course the hilton chain will spin blame on down the line, so as to deflect negative pr...

it will be interesting what the courts decide

[Matthew Thompson -]

Thanks for the book, sounds like a good one to read. I guess with any other job you must take responsibility for your actions.....atleast i read it in here rather than experiencing it myself first hand...haha