HFT 3603 Law for Hospitality Operations Tuesday January 31 y the hotel is not liable for all injuries that occur while guests are on the premises tort refers to many types of noncriminal wrongs done by one person that injure another negligence breach of legal duty to act reasonably that is the direct or proximate cause of injury to Exam 2 Chapter 5 another carelessness that causes harm civil case not intentional management by walking around hospitality people prefer walking around than sitting at a desk job walking around keeping your ears open and eyes open for examples of negligence 61 of all cases filed against hotels are based on personal injury to the guest elements of a negligence case the existence of a legal duty to act reasonably owed by the defendant to the plaintiff a breach of that duty plaintiff has the burden of demonstrating that the defendant violated a duty that was owed the elks club cracked concrete floor in the kitchen gap in the floor can t fix it right away get quick crete fill it in and get it leveled put up a sign instead of fixing it they put a rug over it do not cover up a dangerous condition you can make it worse injury to the plaintiff proximate cause breach is direct cause of the injury personal injury attorney deals with negligence cases ex going the wrong way on a street reasonable person standard proper standard that the judge or jury considers whether negligence took place or not 1 Tuesday January 31 y average off the street person if you re having a bad day you cant use it as an excuse in court not admissible in court CASE EXAMPLE SHADBURN V WHITLOW new perry hotel lady comes down stairs and fell she blamed it on loose carpeting she has to prove that it was because of the carpet how take a picture always have 2 things in your car resume and a camera proximate cause refers to its direct and immediate cause of the injury injury must have been caused by the breach of duty preexisting condition physical impairment suffered prior to the fall defendant s negligence would not be the proximate cause of the injury not responsible for preexisting condition ex broken wrist slips and breaks arm restaurant cooking oil ex pg 147 injury there has to be an injury to win a lawsuit invitee someone who comes to an establishment for the purpose for which the business is open to the public or for a purpose directly or indirectly connected with that business includes guests visitors of guests patrons diners and employees liability may result if and only if 1 knows a dangerous condition that presents an unreasonable risk of harm to invitees 2 should expect that invitees will not discover or realize the danger or will fail to protect them selves against it 3 fails to exercise reasonable care to protect its invitees against the danger necessary reasonable care lack of negligence encompasses both repair of and warning about the dangerous condition active vigilance required restaurant has a duty to inspect discover and protect customers ex salad bar droppings are slippery open and obvious exception invitees must exercise some care in protecting themselves 2 Tuesday January 31 y ex woman fell in bath tub and sued Marriott if the condition is unavoidable the hotel may be liable licensee someone who is on the premises of another by permission or acquiescence of the owner or occupier and not by invitation presence does not further the defendant s business licensee is on the premises for his own benefit or convenience ex off duty employee goes to pick up his paycheck less duty restaurant s only duty is to warn of those dangers it knows about Elks member who fell in cracked floor qualified as an invitee trespasser person who enters a place without permission of the owner or occupier landowner does not owe a duty to safeguard a trespasser from injury caused by conditions on the land a trespasser assumes the risk of injury from the condition of the premises no duty owed on property not owned or maintained by the hospitality facility ex DSW and Best Buy parking lot if someone falls down the hill past their property line they are not liable know the difference between who you invite to your property who you tolerate on your property and who you don t want on your property latent danger there but not seen or hidden how to keep away homeless people and skateboarders keeping it well lit spikes on the railings signs Double Tree example people using the bathrooms licensees allowed on the property because no one security guards was chasing them away guys on the back steps of the Vitamin Shop trespassers trespassers can become licensees if you al low them to trespass or don t put up signs ex access to the beach registered guest guest of registered guest finger in Wendy s chili someone framed them but Wendy s gets sued for negligence bunk beds in a hotel to attract kids ends up being more dangerous shepherds hook by the pool to pull people out J negligence doctrines fountain by swimming pool slippery tiles broken glass 3 Tuesday January 31 y res ipsa loquitur doctrine the thing speaks for itself frees the plaintiff from the burden of proving the specific breach of duty committed by the defendant to use it you must prove 3 elements 1 plaintiff s injury was caused by an accident that would not have normally happened without negligence accident suggestive of negligence 2 thing causing injury was within the exclusive control of the defendant exclusive control by 3 plaintiff did not provoke the accident defendant negligence defendant has opportunity to rebut and prove that the cause was some factor other than its own attractive nuisance doctrine an outgrowth of the law s recognition of youngsters limited capacity to detect danger and protect themselves from risk ex pools children and the reasonable person test stops at ages 4 6 the law excuses a young child from negligence acts elements of an attractive nuisance 1 a condition exists that is attractive to children and is likely to cause them injury 2 the owner or occupier of the land knows or should know the condition 3 due to the child s immaturity he does not appreciate the danger negligence per se doctrine describes conduct that violates a law or ordinance designated to pro tect the safety of the public the plaintiff need only prove the existence of the law or ordinance and the defendant s violation of it ex lifeguards prima facie evidence of negligence it alone is sufficient evidence if unrelated to support a judg ment for the plaintiff a