Hospitality Law CH 7-8

Cleanliness

Hotels must provide reasonably clean guest rooms. Failure = liability.

Furniture

Must be safe, regularly inspected, and maintained. Defective furniture → liability if injury results.

Windows & Heaters

Must be kept in good working order. Regular inspections required. Failure to repair → liability if guests are injured.

Animals/Insects

Duty of reasonable care applies. Hotels liable if pests are present due to negligence.

Bathroom Appliances & Plumbing

Routine inspections needed; failure = liability.

Lobbies

Must prevent obstructed walkways, faulty rugs, broken furniture, poor lighting, crowded conditions, and theft risk.

Elevators & Escalators

Regular inspections/repairs required. Watch for overcrowding, step damage. Applies to freight elevators too.

Doors

Regular inspection for defects; fix broken locks, glass, or automatic door malfunctions.

Hallways

Must be clean, well-lit, and safe. Prevent obstructions, ripped carpets, poor lighting, lack of security.

Stairways & Ramps

Inspect for broken steps, bad carpeting, loose railings. Poor construction of ramps can lead to liability.

Floors

Must be dry and free from grease/obstructions.

Chairs & Tables

Safe, stable, inspected regularly.

Food Service

Safe handling, proper temperature control, avoidance of contamination.

Outside Door Service

Not required unless large/rowdy crowd expected. If attendants are provided, negligence by them = liability.

Grounds

Must be maintained reasonably; defects → liability.

Open and Obvious Rule

Guests have duty to avoid obvious hazards.

Sidewalks

Repair cracks/depressions promptly.

Parking Lots & Outdoor Ramps

Regular inspections; remove debris, repair hazards.

Sporting/Entertainment Facilities

Must be inspected and kept reasonably safe.

Amusement Rides

Proprietors must exercise reasonable care. Rides must be inspected and maintained; especially strict since children are involved.

Outdoor Lighting

Must provide sufficient lighting. Fixtures inspected often; broken lights repaired promptly.

Swimming Pools

Must exercise reasonable care (inspections, safety equipment, lifeguards as required by law). Maintain filtration, lighting, and safe diving boards.

Waterfront Property

Most states: No duty to warn of natural dangers (e.g., riptides, sharks). Best practice: Warn anyway to protect guests.

Lakefront Areas

Hotels must inspect for hazards (rocks, debris) and restrict boats in swimming areas.

Walkways to Beaches

Bridges/boardwalks must be safe.

Duty of Care

Includes fire prevention, safety equipment, staff training, timely response.

Negligence Examples

Inadequate alarms/extinguishers, failure to notify fire dept/guests, untrained staff.

Firefighter's Rule

Firefighters cannot sue hotels for injuries sustained fighting a fire, even if caused by negligence.

Foreseeability Rule

Hotels must protect guests if in high-crime areas or if past crimes occurred on property.

Reasonable Care

Standard duty owed to guests; prevents foreseeable injuries.

Liability

Legal responsibility for damages caused by negligence.

Foreseeability

Determines when hotels must take preventive steps (crime, hazards).