Hospitality Law on Privacy and Protection of Guests
HF250 A2
Jared Ko
McCue
• You should have an explanation of the duty of care that is owed by a hotel to a guest and to give some examples and some references to some cases with different fact patterns.
-Hospitality organizations have a duty of “reasonable care” to protect guests, which depend on the facts and circumstances. If a hotel elevator fell and injured a guest, the hotel would be liable for his or her injuries since it can be seen that the hotel was negligent since the hotel could have performed better maintenance on their elevators to prevent such incidents from happening. Hotels have the duty to have secure room doors that cannot be accessed to bystanders and to have security cameras in public areas such as lobbies or in places where crime can occur such as in hallways and car parks. Some more detailed examples concerning a hotel’s duty of care for the protection of its guests include hiring properly trained security guards who can effectively protect the hotel’s guests if they were under assault or to supply a competent and not an inexperienced person to administer medical aid to a guest who needs it. There are other times when an employee is at fault, for example, there was a case where a hotel clerk gave a guest the wrong room key, which resulted in the guest getting shot in the chest by the guest already occupying the room. The employer would be held liable for this incident from the doctrine of respondeat superior, which holds the employer liable for any wrongful acts done by the employee. An employee is also permitted from announcing a guest’s room number; preventing bystanders from following a guest up to his or her room. (give examples) However, there are times when hotels cannot guarantee or be the insurer that nothing will happen to a guest.
For example, when a guest becomes injured in a hotel’s recreational and fitness facility by pulling a muscle by lifting a weight that is too heavy or getting a heart attack from overtraining on the
Jared Ko
McCue
• You should have an explanation of the duty of care that is owed by a hotel to a guest and to give some examples and some references to some cases with different fact patterns.
-Hospitality organizations have a duty of “reasonable care” to protect guests, which depend on the facts and circumstances. If a hotel elevator fell and injured a guest, the hotel would be liable for his or her injuries since it can be seen that the hotel was negligent since the hotel could have performed better maintenance on their elevators to prevent such incidents from happening. Hotels have the duty to have secure room doors that cannot be accessed to bystanders and to have security cameras in public areas such as lobbies or in places where crime can occur such as in hallways and car parks. Some more detailed examples concerning a hotel’s duty of care for the protection of its guests include hiring properly trained security guards who can effectively protect the hotel’s guests if they were under assault or to supply a competent and not an inexperienced person to administer medical aid to a guest who needs it. There are other times when an employee is at fault, for example, there was a case where a hotel clerk gave a guest the wrong room key, which resulted in the guest getting shot in the chest by the guest already occupying the room. The employer would be held liable for this incident from the doctrine of respondeat superior, which holds the employer liable for any wrongful acts done by the employee. An employee is also permitted from announcing a guest’s room number; preventing bystanders from following a guest up to his or her room. (give examples) However, there are times when hotels cannot guarantee or be the insurer that nothing will happen to a guest.
For example, when a guest becomes injured in a hotel’s recreational and fitness facility by pulling a muscle by lifting a weight that is too heavy or getting a heart attack from overtraining on the