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❊Matching security to circumstances.
■Explain that reasonable care is the duty of care required by an innkeeper for guests’ safety. It
is not a static, clearly defined concept. One definition will not fit all hotels in all locations at
all times.
■Discuss the basic measures to secure guest rooms.
❊Adequate security can eliminate liability.
■If a hotel or restaurant takes adequate security precautions and a guest is nonetheless attacked,
the facility will not be liable.
❊Security personnel and firearms.
■Should security personnel in a hotel carry weapons? Discuss the answer.
❊A hotel is not required to offer its guests medical services. To avoid potential liability if a doctor
malpractices, most hotels today will not recommend a particular doctor. Instead, the hotel might
provide a list of available physicians and require the guest to select.
❊Sometimes hotel staff may try to diagnose a guest’s problem and suggest home remedies. Person-
nel should be trained not to do this. A guest whose injury is made worse by such advice may sue
and is likely to win.
J. Answers to Case Example Questions
6-1-1. What is meant by the following statement in the beginning of the eighth paragraph: “An
innkeeper in Oklahoma continues to have a status-based, common-law duty of care to
a guest”?
It means that even though there are different statutes governing “duty of care,” the common-law
duty of care to a guest still applies. That is, this duty remains unaltered by inspection and licens-
6-1-2. What facts presented in the case might establish that the hotel used reasonable care to
keep spiders and insects out of the hotel?
The facts that reasonable care was used were:
•Copies of monthly invoices from Admiral Pest Control Co. (“Admiral”) showing a contin-
•Andrews, who was the Days Inn manager at the time of Copeland’s injury, testified that
she was trained in motel management, including pest control; she had engaged Admiral to
spray the motel premises for insects and other pests; she had given Admiral oral instruc-
•On Monday or Tuesday morning after Copeland’s incident the previous Wednesday, Andrews
•The Days Inn received two or three annual, unannounced inspections by the Oklahoma
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6-1-3. What facts presented in the case will favor the plaintiff’s argument that the hotel failed
to exercise reasonable care to eliminate spiders?
(1) Brown recluse spiders are common and indigenous to eastern Oklahoma and (2) if reason-
able care were exercised in the pest control treatment of a facility, brown recluse spiders would
be eradicated. Plaintiffs also tendered a letter of apology from defendant Andrews acknowl-
6-2-1. The court stated, “the mere fact that the bar came out of the wall, causing Poletis to
fall, is not sufficient to show that Holiday Inn breached its duty to keep the hotel room
in a reasonably safe condition.” Why not? What more is needed?
The hotel is not an insurer of guests’ safety. The bar could have come out due to the excess weight
6-2-2. How does a jury determine the appropriate amount of damages?
The amount of damages is based on the testimony of the plaintiff’s wife and the doctor who
6-3-1. What maintenance procedures should be followed for sliding glass doors?
Regular inspections of the doors and warning signs on those doors would be the initial mainte-
6-3-2. How might the hotel have avoided liability in this case?
If the hotel had written maintenance policies, and those policies were strictly adhered to,
6-3-3. In 1974, when the legislature imposed the duty of safety glass, why do you think the
lawmakers did not require immediate replacement of nonsafety glass doors?
The legislature did not want to put undue hardship on businesses that could affect their prof-
6-4-1. How could the hotel have avoided the injury and liability in this case?
The hotel should have done all of the following: removed the obstruction from the steps,
installed handrails on both sides of the steps, inspected the steps for deterioration more
6-5-1. What might the restaurant have done differently to avoid liability in this case?
To avoid liability in this case the restaurant could have had the runners extended to the wall.
6-6-1. What could the restaurant have done to avoid liability?
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6-8-1. Do you agree that the injuries in this case were foreseeable by the hotel? Why or
why not?
The student should agree that the injuries were foreseeable. The tables were placed so
close together that wait personnel could not walk between them. A banquet event at a
6-8-2. Do you agree that an expert witness was not necessary in this case? Why or why not?
The student should agree than an expert witness was not required. It is within the province of
6-10-1. How might the result have been different if the plaintiff were an adult rather than a
10-year-old boy?
If the plaintiff had been older and therefore better able to appreciate the danger of standing
6-12-1. Why was the defect in the tile sidewalk not considered obvious and open?
There were no cracks or holes or any visible damage to the sidewalk. The tiled surface is not
6-13-1. What should the hotel have done to avoid the problems that led to liability?
The hotel should have used reasonable care by monitoring carefully the use of its swimming
pool to ensure safety precautions were taken; by having sufficient lifeguards on duty if the
6-13-2. Was the hotel liable for negligence per se? Why or why not?
6-14-1. What should the hotel have done to avoid liability in this case?
The hotel has not been found to be liable—yet. The court ruled that the defendant’s motion
Given the fact that the defendant knew (or allegedly knew) that people were jumping from
the swings into the water, why were the swings located proximate to the water? The location
6-15-1. What was the basis for the court’s ruling that the hotel was on notice that injury to
guests was foreseeable?
The basis for the court’s ruling that the hotel was on notice that injury to guests was
6-15-2. What precautions might the hotel have taken to avoid liability?
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Negligence and Hospitality Practices ■69
Key Terms
Constructive notice Information or knowledge of
Expert witness Witnesses with superior knowledge
K. Answers to End-of-Chapter Questions
❊Review Questions
1. In what rooms of a hotel does the innkeeper’s duty to exercise reasonable care apply?
The innkeeper owes a duty to guests to exercise reasonable care in every room of the hotel in
2. What responsibility, if any, does an innkeeper have to maintain self-service elevators in
a safe condition?
Guests will foreseeably use the elevator and suffer injuries if it is malfunctioning. Therefore,
3. What risks are associated with flaming foods? What precautions should a restaurant take
when serving them?
Flaming foods can foreseeably result in diners being burned from the flames. A restaurant serv-
ing such foods should be sure the servers are properly trained in making the dish, managing
4. What precautions should a restaurant take when serving hot beverages?
The first and most obvious would be to check the temperature of the liquid. Beverages should
not be served that are excessively hot. Strict quality standards as to maximum temperature
Additionally, in light of recent cases, warnings should be given that the beverage is hot.
5. For what safety concerns should a valet be watchful?
The unloading area of hotels and restaurants often becomes congested with people and
several lanes of traffic. A car pulling out, pulling in, or backing up could foreseeably hit an
6. What responsibility, if any, does an innkeeper have to maintain sporting facilities in a
safe condition?
An innkeeper as well as an operator of a sporting facility owes its patrons the duty to maintain
7. Name four causes of swimming-pool accidents and state how they can be avoided.
(1) Horseplay in the pool; (2) inadequate supervision of the pool; (3) unsafe diving boards
(made from inappropriate material or material too long for the size of the pool); (4) insufficient
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8. Must all hotels have security guards to protect guests’ safety?
Any business that invites the public onto its premises must take reasonable steps to guard
Hotels have to provide adequate security depending on the following factors: the num-
ber and type of security incidents occurring at the facility within the last few years; the com-
9. Must a hotel have medical personnel on duty at all times?
No, a hotel does not have to offer its guests medical services. The hotel could instead provide
10. Is a restaurant required to have a defibrillator readily available?
11. What is a hotel’s liability for injuries occurring to a guest on an off-premises jogging
trail recommended by the hotel?
An innkeeper owes no duty to a guest injured or endangered while away from the premises.
❊Discussion Questions
1. Identify several circumstances in which liability can result to a restaurant for failing to
inspect and maintain the furniture in the dining-room properly. State how the liability
could be avoided.
Liability can result from broken chairs that cannot support the weight of a person, resulting
2. Identify several circumstances in which liability can result to a hotel for failing to in-
spect and maintain the windows, screens, and doors properly. State how the liability
could be avoided.
A hotel may be liable for the consequences of a screen not being secured to the window frame,
glass shattering because it is only loosely fitted to the frame or because it is cracked, unlocked
3. Identify several circumstances in which liability can result to a restaurant for failing to
inspect for and contain rodents, bugs, and animals properly. State how the liability
could be avoided.
A patron at a restaurant may be bitten by a rodent, stung by a bee, or attacked by an animal.
A bug may embed itself in the food, causing a diner to become ill or to jump in fright and be-
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4. Identify several circumstances in which liability can result to a hotel for failing to in-
spect and maintain the bathrooms properly. State how the liability could be avoided.
Frequent inspection and repairs will help avoid injuries from deteriorated faucets, injuries from
5. Identify four circumstances in which liability can result to a hotel for failing to main-
tain its waterfront property properly. State how the liability could be avoided.
Liability could result from any of the following: (1) failure by the hotel to repair a sizeable hole
on a tennis court or playing field; (2) failure to provide adequate lessons and supervision;
6. Identify five circumstances in which liability can result to a hotel for failing to maintain
its swimming pool properly. State how the liability could be avoided.
Circumstances in which liability could result to a hotel for failing to maintain its swimming
pool properly include the following. Students may cite additional circumstances that may also
be correct answers.
A. Liability for injuries caused to divers or waders by failing to properly clean the bottom of a pool
or swimming area. This type of liability could be avoided by regularly cleaning the bottom of
the swimming area.
B. Liability for injuries to children caused by running or horseplay around the pool. This liabil-
ity can be avoided by posting rules forbidding horseplay and running and providing lifeguards
to actively enforce the rules.
7. Identify five circumstances in which liability can result to a hotel for failing to provide
adequate security. State how the liability can be avoided.
Liability could result from any of the following: (1) failing to provide adequate security per-
sonnel under the particular circumstances; (2) failure to provide adequate security equipment
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8. How should the front desk personnel at a hotel respond when a guest calls stating, “This
is an emergency”?
The person who answers the phone should take the call seriously, give it immediate priority,
obtain the necessary information to identify the room of the caller and the circumstances of
9. What response is appropriate if a guest says, “There is a fire on the second floor”?
Immediately call the fire department. Inform other guests on the second floor and other
10. What safeguards should a hotel or restaurant take to minimize liability for fires?
Check state and local fire-safety laws and strictly comply. Failure to abide by fire-safety
laws constitutes negligence per se. Such laws often require that equipment such as fire
extinguishers be maintained in good condition on the premises and that fire escapes be
11. State five elements necessary for a disaster plan.
Components of a plan include: (1) how and where to report the emergency; (2) evacuation
procedures; (3) a system to account for patrons and employees after the evacuation; (4) iden-
❊Application Questions
1. You are the banquet manager at a party house. The guests for a large wedding reception
will start to arrive in 20 minutes. You are inspecting the premises to ensure everything
is in order. What will you be looking for?
From a liability standpoint, the manager should be sure tables and chairs are adequately
spaced, the legs of the chairs and tables and the seating area of the chairs are in good con-
2. Jan was a guest at the Hideaway Hotel. As she was walking from her room to the ho-
tel’s restaurant for breakfast, a maintenance worker was washing the floor. Jan tripped
on the wet floor and fell. What additional information do you need to know to deter-
mine if the hotel will be liable?
The hotel may or may not be liable depending on the circumstances. A hotel is obligated to
foresee that a wet floor is slippery and might cause a patron to fall, and to take measures to
3. One night Joshua fell in a restaurant parking lot because the lights were dim. At the
time he was on his way to attend the anniversary reception of a close friend, which was
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being held in the restaurant. The hotel argued that Joshua was negligent for exiting his
car in the dark. Was Joshua negligent in this case?
If the lights in the restaurant parking lot were dim, the restaurant was negligent for pro-
viding inadequate lighting. Whether or not Joshua was also negligent depends on addi-
tional facts. Were other parking lots available that were better lighted? Were other,
4. While swimming at the pool at the Browninger Resort, Ursala, age 31, was hit on the
head by Tom, another swimmer, age 11, who had been engaged in horseplay with two
friends for a half hour. The lifeguard had twice requested that Tom and his friends set-
tle down but to no avail. If Ursala sues the resort for negligence, what is the likelihood
she will win? Why?
She will have a good chance of winning on the ground that the hotel was negligent for not
5. Juanita was sitting in the bar in a restaurant waiting to be seated for dinner. A man mis-
took her for someone else and, without warning, hit Juanita in the face. She was injured
and sued the bar for negligence because it failed to prevent the assault. Will the hotel be
liable under these circumstances? What additional facts would you like to know before
deciding?
The restaurant is liable only if it was negligent. The question becomes, could the restaurant
have foreseen the acts of the attacker, and if so, did it take adequate measures to try to prevent
the assault? To make this determination, the student should want to know whether the attacker
6. The Charming Motel, located in a medium-crime area, was the site of a rape eight
months ago. As a result, the hotel installed monitors covering the front and back en-
trances and the elevators, and requested that the police increase their normal surveil-
lance of the building during the night. Tyrone, a guest at the motel, was assaulted in his
room in the middle of the night by two attackers who broke a window to gain entry.
Tyrone suffered a broken jaw and the theft of $1,000. No crimes had occurred at the
motel during the year prior to the initial rape and none after it until the assault of
Tyrone. Is Charming Motel liable for his injuries? Explain.
The facts suggest that the motel adequately responded to the security incident eight months
ago by upgrading its security protection. Perhaps with additional security personnel on duty
7. In one episode of the once popular television show “L.A. Law,” the door to an eleva-
tor on an upper floor at a law firm was left open while the elevator was temporarily out
of order and undergoing repairs on the first floor. No warning sign was posted. One
of the characters, not realizing the elevator was not waiting at the door, stepped into
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the shaft and fell to her death. Do these acts constitute negligence? What should the
company repairing the elevator have done to avoid the accident? Assuming the law firm
rents the space (and doesn’t own it), what could it have done to prevent this accident
from happening?
Yes, it does constitute negligence. The firm should have foreseen that someone would walk
into the elevator if the door was open and taken precautions such as closing the elevator door,
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