Mizzou Hospitality Law Final Exam

Businesses as Insurers

Businesses are not absolute insurers of guest safety; they are only liable if negligent or another tort is committed.

Negligence (Lay Definition)

Carelessness that causes harm.

Negligence (Legal Rule)

Injury alone does not create liability unless negligence or a tort is proven.

Strict Liability vs Negligence

Negligence is not strict liability.

Elements of Negligence

Duty

Duty of Care

A legal relationship requiring reasonable care.

Breach of Duty

Failure to meet the duty of care

Causation

The breach must cause the plaintiff’s harm.

Factual Causation

“But for” the defendant’s actions

Proximate Causation

Whether the harm was a foreseeable result of the breach.

Damages

Actual harm suffered by the plaintiff.

Palsgraf Case

Key case establishing limits on proximate cause and foreseeability.

Negligence Per Se

Negligence based on violation of a statute.

Negligence Per Se Elements

Statutory duty

Examples of Statutes

Health codes

Trespasser Definition

Someone not legally on the property.

Duty Owed to Adult Trespasser

Generally no duty.

Attractive Nuisance

Duty to protect child trespassers from dangerous attractions.

Licensee Definition

On property with permission but not for owner’s benefit.

Duty Owed to Licensee

Warn of known dangers.

Invitee Definition

On property for business purposes.

Duty Owed to Invitee

Highest duty: warn and inspect for dangers.

Contributory Negligence

If plaintiff is even slightly at fault

Comparative Fault

Plaintiff’s damages reduced by their percentage of fault.

Most States Use

Comparative fault system.

Warning Signs

Do not eliminate liability but may reduce it.

Exculpatory Clauses

Contracts waiving liability before participation.

Duty to Aid Strangers (US)

No general legal duty.

Good Samaritan Law (MO)

Immunity for good-faith emergency aid unless grossly negligent.

Consequences of Aiding

You can be sued if something goes wrong.

Cardiac Arrest Survival Act

Encourages AED placement.

AED Requirement

Public buildings required; businesses optional.

AED Immunity

Good Samaritan protection if trained.

Premises Injury SOP

Summon help and stay nearby.

Apologizing After Injury

May be considered admission of fault.

Incident Documentation

Complete report and notify insurance.

Res Ipsa Loquitur

“The thing speaks for itself.”

Res Ipsa Requirements

Exclusive control

Assumption of Risk

Defendant defense when plaintiff voluntarily engages in known risk.

Assumption of Risk Elements

Knowledge

Baseball Rule

Fans assume risk of foul balls.

Natural Accumulation Rule

Businesses not liable for natural snow or ice.

Foreign Substance on Floor

Duty to monitor and clean.

Hanging Objects

Liability unless plaintiff caused it.

Bed Bugs & Pests

Hotels may be liable.

Strict Liability

Liability regardless of care exercised.

Strict Liability Examples

Explosives

Jack in the Box Case

Undercooked meat led to major food safety reform.

HACCP

Hazard Analysis Critical Control Points system.

Warranty of Merchantability

Food must be fit for human consumption.

Privity of Contract

Direct relationship between buyer and seller.

Food Lawsuit Type 1

Illness after consumption.

Food Lawsuit Type 2

Foreign object unrelated to food.

Food Lawsuit Type 3

Natural substance (e.g.

Food Lawsuit Type 4

Misrepresentation or order mistake.

Food Lawsuit Type 5

Emotional distress.

Donated Food Liability

Immunity if donated to certified nonprofit unless grossly negligent.

Truth in Menu Laws

Regulate ingredients

18th Amendment

Established prohibition.

21st Amendment

Repealed prohibition.

Three-Tier System

Manufacturer

Selling Alcohol Without License

A crime.

Good Faith Defense

ID checked and reasonably appears valid.

Dram Shop Liability

Civil liability for alcohol vendors.

MO Dram Shop Standard

Clear and convincing evidence.

Social Host Liability (MO)

Criminal but not civil liability.

Wage Theft

Failure to pay legally owed wages.

FLSA

Covers minimum wage

Overtime Exemption

Salaried managers.

Employment at Will

Can fire for any reason except prohibited ones.

Employment at Will Exceptions

Discrimination

Independent Contractor Tax Form

1099.

Employee Tax Form

W-2.

Vicarious Liability

Applies to employees

Title VII

Prohibits employment discrimination.

Protected Classes

Race

Quid Pro Quo Harassment

Sexual favors in exchange for job benefits.

Hostile Work Environment

Severe or pervasive sexual conduct.

IRCA

Requires I-9 employment verification.

ICE Authority

Common areas only without warrant.

H-2B Visa

Temporary non-agricultural worker visa.