The spouse of a British man who tragically passed away in a fire while receiving a massage at an upscale spa is taking legal action against the operators of a Moroccan hotel following the incident.
Anthony Barnes lost his life in March 2023 during his stay at the luxurious Jaal Ryad Resort Hotel in Marrakech. Mr. Barnes, a 48-year-old individual from Cambridgeshire, was on a business trip with colleagues when the unfortunate event occurred, resulting in the loss of his life and that of a hotel staff member.
Rachel Barnes, the widow of Mr. Barnes, is seeking over £500,000 in damages from Hotel Des Idrissides, trading as Jaal Ryad, alleging that the fire was a result of the company’s negligence. The hotel firm refutes the claim, asserting that there was no negligence or breach of duty on their part leading to Mr. Barnes’ demise, with a court hearing on the matter pending.
According to legal documents presented by Mrs. Barnes’ barrister Matthew Chapman KC, Mr. Barnes was undergoing a massage when the hotel staff noticed the fire outbreak. An inquest in the UK concluded that Mr. Barnes’ death was accidental, as the spa was filled with thick smoke, impeding rescue efforts.
Chapman argued that the company failed in its duty by not properly managing the hotel and spa facilities, exposing Mr. Barnes to foreseeable risks that led to his untimely death. He highlighted various shortcomings, including the absence of fire safety systems in the spa, lack of communication with Mr. Barnes during the emergency, malfunctioning CCTV cameras, and delayed notification of emergency services.
The barrister also pointed out that the spa was constructed using materials lacking appropriate fire resistance and that there was an insufficient number of fire extinguishers, among other deficiencies. He emphasized that such accidents would not occur if the spa facilities were designed, constructed, and operated correctly.
In response, Alistair Mackenzie, representing Hotel Des Idrissides, stated that the fire originated in the sauna of the spa, and hotel staff promptly responded by alerting guests and attempting to combat the fire while evacuating individuals, including Mr. Barnes.
Mackenzie defended the hotel’s compliance with Moroccan regulations for such facilities, denying any negligence or breach of duty that led to the fire or Mr. Barnes’ death. He clarified that while smoke alarms were not present in Mr. Barnes’ room due to humidity concerns, they were installed in nearby areas, which he deemed reasonable and not negligent, ensuring the hotel had a suitable alarm system.
Moreover, Mackenzie highlighted that emergency lighting was operational, the construction materials were appropriate, CCTV cameras were functional, and sufficient fire extinguishers were available throughout the property.
The barrister challenged the lack of specific evidence in the claim linking the alleged acts or omissions to Mr. Barnes’ demise, emphasizing the need for a clear causal connection between the hotel’s actions and the tragic incident.