1. Heather, a guest at a hotel, was injured when she caught her foot in a hole in the pavement on an
outdoor tennis court operated by the hotel. Which of the following is true concerning the hotel’s
liability?
a.
The hotel will not be liable because Heather assumed the risk.
b.
The hotel will not be liable because the injury did not occur inside the building that houses
the guest rooms.
c.
The hotel will be liable because it was negligent for failing to repair the hole or alert
guests of its presence.
d.
The hotel will be liable because the assumption of risk doctrine does not apply to sporting
events.
2. Erin, a guest at a resort hotel, rented a bicycle from the hotel. While riding the bike she was injured by
a car driven by an intoxicated driver. Which of the following is true?
a.
The hotel will be liable for Erin’s injuries.
b.
The intoxicated driver will be liable to Erin for her injuries.
c.
Erin assumed the risk and therefore cannot pursue anyone for her injuries.
d.
Erin was negligent for riding a bike in a locality she did not know well.
3. Due to a severe thunderstorm, the lights in a crowded restaurant went out. At about the same time a
diner was bothered by a bout of diarrhea. He went to the bathroom, which was located down a flight of
stairs. Due to the lack of light, the diner fell while descending the stairs and broke his leg. Was the
diner negligent for attempting to go down the stairs in the dark?
a.
Yes, everyone knows it is difficult to go up or down stairs in the dark.
b.
Yes, injury resulting from such a feat is foreseeable.
c.
No, the attempt to descend the stairs was not the proximate cause of the injury.
d.
No, the stairway was the only way to reach the bathroom, and the diner had a need that
could not wait.
4. Will a hotel be liable every time someone drowns in its pool?
a.
Yes, a drowning is conclusive evidence that the hotel was negligent in some way.
b.
Yes, a hotel is strictly liable for all injuries occurring in and around the pool.
c.
No, the hotel is not liable unless it was negligent.
d.
No, the hotel is never liable, because a guest who uses a hotel pool assumes the risk of
drowning.
5. Why have many hotels abandoned their pool slides?
a.
The cost to maintain them is prohibitive.
b.
They present a great risk of injury to users.
c.
They are outlawed by statutes in most states.
d.
They are not popular with guests.
6. Several children were running around the perimeter of a hotel pool. The lifeguard did not direct them
to stop. One tripped on a wet spot and fell, causing two others to trip and injure themselves. Is the
hotel liable for the injuries?
a.
Yes, the lifeguard was negligent for not ordering the children to stop running.
b.
Yes, the hotel should have mopped the area around the pool so no wet spot existed.
c.
No, the children who are running are at fault, not the hotel.
d.
No, the children assumed the risk.
7. The Parkside Hotel took many precautions to protect the guests in case of fire. However, it failed to
provide fire escapes as required by statute. The liability of the hotel in this case will be based upon:
a.
Negligence
c.
Foreseeability
b.
Negligence per se
d.
Assault
8. A resort hotel rented bicycles by the day to its guests. Each morning before the bikes were rented out,
and each night after they were returned, hotel personnel tested the bikes to be sure the horn, brakes,
and other mechanisms were working properly. Once a week, each bike was thoroughly inspected and
given a tune-up. While a guest was using one of the bikes, the brakes malfunctioned and the guest
suffered an accident. Is the hotel liable for the injuries?
a.
Yes, the hotel is negligent.
b.
Yes, the hotel is an ensurer of guests’ safety.
c.
No, a hotel is not liable when its sporting equipment malfunctions.
d.
No, the hotel is not negligent under the circumstances.
9. Robert was staying in a hotel room that did not have a full-length mirror. It did have a large mirror
above the dresser in which he could see himself from the waist up. After he dressed to go out one
evening, he wanted to check how his pants looked. To see himself, he stood on the end of the bed,
which was across from the mirror. The bed collapsed, throwing Robert onto the floor and causing him
injuries. Is the hotel liable to Robert?
a.
Yes, it should have foreseen this type of misuse of the bed.
b.
Yes, a hotel is an ensurer of its guests’ safety.
c.
No, this type of injury was not foreseeable.
d.
No, Robert assumed the risk.
10. Concerning mirrors, hotels have a legal duty to:
a.
Ensure they are always clean
b.
Ensure they are placed in lighted areas
c.
Ensure they remain securely attached to the wall
d.
Install at least two in each guest room
11. A self-service elevator malfunctioned, causing a guest’s injury. The problem was a hidden defect
caused by manufacturer error. Who is liable for the guest’s injuries?
a.
The hotel
b.
The hotel and the company hired by the hotel to maintain the elevator
c.
The manufacturer
d.
The manufacturer and the company hired by the hotel to maintain the elevator
12. Rosie recently had reconstructive surgery on her face and nose because of a baseball accident. While
she was a guest at a hotel, the heel on her shoe became wedged in a hole on an outdoor cement step,
causing her to fall and land on her face. Because Rosie’s surgery had not fully healed, her injuries
were more severe than they would otherwise have been. The hole was caused by the deterioration of
the cement. What is Rosie entitled to recover from the hotel?
a.
Nothing, the hotel was not negligent in this situation.
b.
Only money for the injuries that a person who had not had recent surgery would have
sustained.
c.
Full compensation for her injuries.
d.
Out-of-pocket damages, but not compensation for pain and suffering.
13. Caitlin’s room was on the ninth floor of a hotel. One night she wanted some exercise, so she walked to
her room rather than take the elevator. The stairs on one of the upper floors were cluttered with
housekeeping supplies. Caitlin tried unsuccessfully to avoid them and fell, hurting herself. She sued
the hotel for injuries. Which of the following is a true statement?
a.
Caitlin will be treated as negligent for failing to take the elevator to the ninth floor.
b.
The hotel was negligent for failing to require that guests take the elevator.
c.
The hotel was negligent for leaving clutter on the stairs.
d.
Since the clutter was on an upper flight of stairs, the hotel could not be expected to foresee
that guests would walk up that far and so was not negligent.
14. A large hotel was full with an incoming convention. Housekeeping personnel were overworked in
preparing the rooms for the guests and so did not clean as thoroughly as usual. A guest hurt her hand
when she encountered a razor blade that had been left in a dresser drawer, and she sued the hotel. No
similar accident had ever occurred at the hotel throughout its twelve years of business. Will the hotel
be liable in this case?
a.
Yes, the hotel was negligent and will be liable for the injuries.
b.
No, the added demand on the hotel’s services excuses it from liability in this case.
c.
No, since no prior similar incidents had occurred, the hotel could not have foreseen the
injury in this case and therefore is not liable.
d.
No, since hotels are not liable for their guests’ injuries unless the hotel staff intentionally
causes the injury.
15. A child was burned on his arms and stomach when a waiter dropped a cup of hot coffee. The child’s
mother, who was sitting on the opposite side of the table and was not in danger of being hit by the
coffee, saw the incident and went into shock. If the mother sues the restaurant for her own mental
anguish, what is the likelihood of her success?
a.
She will be successful in most states.
b.
She will not be successful in any state.
c.
She will not be successful in most states, although some jurisdictions now allow a person
in the mother’s position to sue.
d.
She will be successful in all states, provided the anguish was severe.
16. In what room of a hotel does an innkeeper not have a duty to exercise reasonable care?
a.
Card room
b.
Public bathrooms
c.
Meeting rooms
d.
None; the innkeeper’s duty to use reasonable care to protect its patrons applies in all
rooms of the hotel
17. The door to a hotel elevator shaft was left open while the elevator was undergoing repairs. No warning
signs were placed near or around the elevator. A guest fell into the shaft and was injured. Which of the
following correctly describes the hotel’s liability?
a.
The hotel will be liable.
b.
There is no negligence on the part of the hotel, and therefore it will not be held liable.
c.
The hotel will not be liable because the guest assumed the risk.
d.
The hotel will not be liable because the guest is contributorily negligent.
18. Why have many hotels abandoned their pool slides?
a.
The cost to maintain them is prohibitive
b.
They present a great risk of injury to users
c.
They are outlawed by statutes in most states
d.
They are not popular with guests
1. A guest tripped on a pile of debris that had been accumulating for several days in the hotel parking lot.
True or false: The hotel will be liable to the guest for resulting injuries.
2. Consistent with common practice, the lifeguard at a hotel pool periodically adds chlorine to the water
to ensure clean and healthful conditions. One afternoon, after adding the appropriate dosage, the
lifeguard failed to return the chlorine to its normal storage place and instead left it near the base of the
guard chair. Unknown to the lifeguard, a young swimmer saw the chlorine, drank some, and became
very ill. True or false: The hotel will be liable for the injuries.
3. The beach along a half-mile stretch of ocean was infested with a species of fish that stings. True or
false: The hotel owes no duty to its guests to inform them of the presence of the stinging fish.
4. Mita was injured during a hotel fire. She sued the hotel for her damages. True or false: In evaluating
whether the plaintiff was negligent, the relevant question is, did she act as a reasonable person would
have acted under similar circumstances?
5. Gordon was visiting New York City on business. He asked his college roommate, who lived in New
York, to join him at the hotel for dinner. While visiting Gordon, the friend fell on a loose board in the
lobby floor. True or false: Since the friend is not a guest of the hotel, the hotel will not be liable for his
injuries.
6. If a hotel complies with all the safety requirements mandated by statute, it will not be liable for any
injuries caused to guests from fire.
7. When determining appropriate security measures, a hotel must consider not just prior crimes on its
premises but also recent crimes in the general area.
8. The amount and types of security precautions required by a hotel are relative concepts that must be
determined for each hotel based on all the relevant circumstances.
9. If a hotel has been the victim of property crimes (theft and burglaries) but not violent crimes against
individuals, the hotel does not have to anticipate or protect against violent crimes.
10. The occurrence of a rape on a hotel’s premises is conclusive evidence that the innkeeper was
negligent.
11. A hotel is not required to offer its guests medical service.
12. To avoid liability, hotels and restaurants must make sure that there is no way for guests to injure
themselves in any way on the premises.
13. A couch in a hotel room was quite worn, and a spring from the seat was poking through. Sarah, a
guest, sat on the coach and was injured by the spring. True or false: The hotel is liable for Sarah’s
injuries.
14. Jim returns to his room intoxicated after a night on the town. He was able to find the bed and crawled
in. Soon after he fell asleep, some plaster from the ceiling fell, resulting in facial injuries. He sued the
hotel for his injuries. True or false: Jim’s intoxication should reduce the amount of damages the hotel
will have to pay.
15. A plaintiff proved that she slipped on a fresh cherry on the floor of a restaurant in which she was
having lunch. The restaurant proved that it exercised reasonable care in maintaining a clean floor. True
or false: The plaintiff will win the case.
16. A restaurant was located on the sixth floor of a building. Kim rode the elevator to the floor, intending
to have lunch at the restaurant. When the elevator operator opened the door, the elevator was five
inches below the floor, creating a step between the elevator and the restaurant floor. While exiting the
elevator, Kim struck her foot against the elevator shaft, fell, and was injured. True or false: Kim should
have observed the positioning of the elevator; if she sues the hotel for her injuries, her own negligence
will negatively impact her recovery.
17. A hotel with a revolving door will be liable for all injuries that result from its use unless an attendant is
on duty to oversee its use.
18. The elevator in a two-story restaurant broke down, and a repair company was called to fix it. The
repairs were done improperly, and a diner was injured when the elevator fell several floors. True or
false: Only the repair company, and not the restaurant, will be liable for the injuries.
19. The rule applied in determining the appropriateness of expert opinion testimony is whether the judge
would be capable of understanding the complexities of the case.
20. A restaurant is aware of a beehive located near the front door. No bees have entered the restaurant.
Removal will subject an employee to bee stings. True or false: Under these circumstances, the
restaurant does not have a duty to remove the hive.
21. Convention planners make arrangements with a hotel to cater a banquet dinner for 785 people. Due to
unexpectedly high attendance at the conference, 1,000 people are registered for dinner. The hotel knew
it could only fit 850 people comfortably in its dining room. True or false: If the hotel agrees to
accommodate the extra people and someone is injured because the room is overcrowded, the hotel will
be liable.
1. Outdoor light fixtures should be inspected ____________________ to ensure they are in good working
order.
2. A hotel that has experienced prior security incidents may be required to take more security precautions
than another hotel because the prior incidents suggest that additional criminal activity is
____________________.
3. A hotel provided the service of a doctor to sick guests. While tending to a guest, the doctor
misdiagnosed certain symptoms. Unrelated to the misdiagnosis, the guest died the next day of a heart
attack. If the guest’s family sued the hotel for negligence (malpractice), they would not be successful
because they would be unable to prove _________________________.
4. Three parts of a window that a hotel should inspect regularly to avoid accidents include the
____________________, ____________________, and ____________________.
5. A _________________________ is an obligation that cannot be transferred to another.
6. A restaurant was sued when a diner was injured by a malfunctioning automatic entry door. If the
restaurant can prove that it has a regular maintenance and inspection plan for the doors, it may be able
to establish that it was not ____________________.
1. When erecting unassembled furniture, hotel personnel should
____________________________________________________________________.
2. A restaurant that serves flaming dishes should carefully train employees on the following three
matters: ________________________________________,
________________________________________, ________________________________________.
3. A diner at a restaurant tripped and fell on an orange peel. To determine whether the restaurant is liable,
you would need the following additional information:
____________________________________________________________________.
4. Precautions a restaurant should take when waxing a floor include
____________________________________________________________________.
5. The precautions a restaurant or hotel should take when allowing patrons access to employee-only areas
include ____________________________________________________________________.
6. Three precautions a restaurant or hotel should take to avoid injuries by guests on steps are
________________________________________, ________________________________________,
________________________________________.
7. Workers at a hotel were painting a sitting room near the lobby. They did not post a sign warning
people of the presence of paint and related paraphernalia, but they did verbally alert passersby. Two
drawbacks to verbal warnings are ________________________________________,
________________________________________.
8. If repairs are being made in a restaurant, the restaurant should
________________________________________ the work area.
9. A hotel with a revolving door should have an attendant at the door under the following circumstances:
________________________________________________________.
10. Three precautions a hotel can take to avoid liability for occurrences in the lobby are
________________________________________, ________________________________________,
________________________________________.
11. To avoid injuries caused by unexpectedly hot shower water, the hotel should
____________________________________________________________________.
12. To avoid accidents and liability caused when loose window panes fall, a hotel should
____________________________________________________________________.
13. Concerning the bottom of a wading pool, to avoid liability a hotel should
____________________________________________________________________.
14. The security measures a hotel might take to lower the risk of criminal activities include
____________________________________________________________________.
15. Outside entrance doors to hotels can present security challenges. Two ways to help secure these doors
are ________________________________________,
________________________________________.
16. A hotel experienced several false fire alarms in the past few months. If the alarm goes off again, the
clerk or other person in charge of the alarms should
_________________________________________________________________.
17. When a guest sues a hotel for injuries caused during a security incident, various factors will be
reviewed to determine if the hotel’s security precautions were adequate. Three such factors are
________________________________________, ________________________________________,
________________________________________.
18. The Nimark Hotel has lakefront property that is used by guests for swimming and boating. Three
precautions the hotel should take to avoid injuries to guests and liability for itself are
________________________________________, ________________________________________,
________________________________________.
19. The reason some hotels forbid the use of surfboards, floats, or other swimming toys is
____________________________________________________________________.
20. A shepherd’s crook, or life pole, as required for hotel pools by ordinances, is a pole with
________________________________________.
21. A hotel with a revolving door should have an attendant at the door under the following circumstances:
_______________________________________________________.
22. If repairs are being made in a restaurant, the restaurant should
_____________________________________________ the work area.
23. Workers at a hotel were painting a sitting room near the lobby. They did not post a sign warning
people of the presence of paint and related paraphernalia, but they did verbally alert passersby. Two
drawbacks to verbal warnings are ________________________________________________ and
________________________________________________.
24. Three precautions a restaurant or hotel should take to avoid injuries by guests on steps are
_____________________________________________,
_____________________________________________, and
_____________________________________________.
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