Question

BUS201 - Business Law

Question 6

John Fogarty was staying at the Homelike Hotel and took a bath in the tub provided with his room. When he was ready to get out of the tub, he pulled on a device in the wall of the tub called a “Soap & Grab,” which was designed to be used for the purpose of helping people pull themselves out of the tub. Instead of performing that function, however, the “Soap & Grab” pulled out of the wall and hit John in the face, breaking his nose and giving him severe cuts. John would like to sue the Homelike Hotel for negligence but has no direct evidence of what they did or did not do concerning the “Soap & Grab.” Identify the legal doctrine under which John might establish a duty against the hotel in a negligence lawsuit and explain whether John’s situation meets the requirements of that legal doctrine.

Answer 1

Hotels can be held responsible when guests who’re on their premises are injured/ have their personal property robbed. There’s a legal doctrine ‘innkeeper’s duty’ that says that hotel owners are accountable for injuries to & stealing from their guests. When a motel doesn’t inspect the property, keep the property reasonably safe, or fails to forewarn of dangerous conditions, it has violated its duty towards its guests.

When a hotel’s guest suffers an injury they may bring a claim of carelessness against the hotel. To prove that negligence happened, the following components must be proven in law court-

1. The lodger was a paying customer of the motel at the time, & was considered an ‘invitee’,
2. Being an ‘invitee’, the motel owed towards the guest a responsibility of reasonable care, based upon the standards of reasonable motels caring for their lodgers,
3. The duty was violated because of the motel’s negligence, or failure to complete certain action, which resulted in the lodger’s claim , &
4. In violating the duty of care, the motel directly caused the injury to the guest.

The duty a motel owes to its lodgers is to fulfil the industrial criteria of care to guests. The motel must take care of particular things on its premises , & amongst its personnel & other guests, to ensure that all the lodgers have the duty of care met. Invitees of premise owners are owed this duty always & are owed protection.

What follows is a list of common responsibilities hotels are accountable for to insure the safety of their lodgers. Motels must-

• Keep the hotel & its grounds in safe condition for its guests,
• Remain aware of any unsafe conditions, make repairs promptly, & inform lodgers of any possibly unsafe conditions till repairs are done,
• Ensure there’s security, as required &
• Hire sufficient personnel & train & supervise them properly,
• Take care of any sanitation & health concerns.