Hsp_Mgmt 1133 1st Edition Lecture 22 Outline of Last Lecture I. Fire Safety at Hotelsa. Famous Hotel Firesb. Federal Hotel Motel Fire Safety Actc. State and Local Fire codesd. Restaurant Firese. TerrorismOutline of Current Lecture II. Intentional Tortsa. Vicarious liabilityb. Respondeat superiorc. Assault and batteryd. Intentional infliction of emotional distresse. DefamationIII. Privacy/Concept Lawsa. Invasion of privacy torti. Erin Andrews CaseCurrent LectureChapter 8-Intentional tortsThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.Tort- a civil wrong (not criminal) involving a violation of a duty or standard of care that one person has to anotherIntentional tort- defendant purposefully did something to harm another personConcept of Vicarious liability- liability “through another” tortfeasor is always personally liable- Liability through another - Tortfeasor- person who commits the tort; always personally liable- Vicarious liability- placing liability on someone else; usually happens when an employee places liability on the business for something the employee did wrongRespondeat superior –What rationale?- Means “let the master answer for the acts of the servant”- Make the business liable for employees wrongdoingsSituations for vicarious liability in the legal system:- Business & employee- Parent & childo Child must be under 18o Up to the amount of $2,000- parents aren’t responsible for paying it if its worth more than thatHow do intentional torts differ?- 1) What plaintiff must prove- 2) Types of damages- 3) No vicarious liability- 4) Insurance coverageIntentional Torts:Assault and Battery- civil side:Assault- Placing someone in fear or apprehension of a harmful conducto Ex: pointing a gun at someone, swinging your fist and missing a person, raising your fist at someoneBattery- Physically harming someoneo Ex: Shooting a person, swinging your fist and hitting someone,o Bouncer- does not have a right to initiate the use of force, they cannot be the first mover, and cannot strike the first blow, but CAN react with force if confronted with it Also cannot go overboard with the use of force or it could be a suit for batteryApplication of assault and battery principles to a bouncer/eviction and removal of guestsIntentional infliction of emotional distress- aka “the tort of outrage”- Extreme outrageous words or conduct on the part of the defendant that causes severe emotional distress to the plaintiff; must be very serious and extreme- Ex: Westboro Baptist Church- extreme hatred for homosexuals, travels to various events and pickets to say things like “God hates fags” o Did it at a funeral for a homosexual solider who had died- his parents sued the church and supreme court said the speech of the picketers was extreme and hostilebut they were exercising their free speech right, picketing is a right under the fist amendmentDefamation-Libel and Slander- Defamation- intentionally injuring someone’s reputation- Libel- in print or writing- Slander- spoken defamation- Standards for this suit:- False statement of fact- o Truth is a defense to defamation- so whatever is said MUST be false, not true at all- Fact o Opinions do not count; ex: can’t say something like “ I thought the service was bad at this restaurant” because that’s an opinion- Publication- must be shared with a third party- Injury to reputationStatus of Plaintiff and defendant does matter- if you’re a public figure you have a higher burden of proof in defamation casesPrivacy concepts/laws—Erin Andrews caseInvasion of privacy tort- 4 ways to sue:- Commercial use of name and likeness- right of publicity says that all people can use their name for a commercial use- Seclusion/private spaceo Erin Andrews case- female sports personality- was stalked by a man who took naked videos of her through her hotel room peephole and posted the tapes onlineo Was the hotel liable for this since they gave the man her room info and let him stay next to her? Yeso Hotels should never release info about a guest to an outsider unless the guest gives them permission- Private info/false light- - Private
View Full Document
Unlocking...