Table of Contents
Address, in a minimum of 450 words, the liability questions raised by the following scenario. Provide sources to support legal assertions.
You own a hotel in a fairly quiet neighborhood west of the City of Boston. Except for an occasional disturbance, petty theft in the hotel room, disorderly conduct in the bar or restaurant, there have been very few instances of criminal behavior. The hotel has an underground parking garage, which is open 24 hours. Although it is part of the hotel property, it is managed by a 24-hour security company. The Hotel requires that it be staffed round the clock and that security cameras and lights be placed in appropriate areas of the garage to maintain constant surveillance. These requirements are specified by contract between the parties. There has been only one attack on a patron of the garage in the last five years. Police records do not support the notion that the hotel or garage are located in a high crime area, although there have been a few minor incidents of vandalism and property damage.
On September 2, 2020, a female guest is attacked at knifepoint at 7:30 p.m. in the evening in the hotel garage. The attacker is never apprehended. She suffers serious physical and emotional injury as a result of the attack and has sued the hotel for damages associated with her injuries.
Should the hotel be liable for the injuries sustained by the hotel guest? Why or why not? Explain the elements of a negligence claim and evaluate the known facts of this case against those elements. You might also consider, what other facts or information may be helpful in assessing liability in this case.
Textbook Readings
- Government Regulation and the Legal Environment of Business
- Chapter 7
- https://saylordotorg.github.io/text_government-regulation-and-the-legal-environment-of-business/s10-introduction-to-tort-law.html
The Chapter 7 materials introduce the student the most common tort concepts, covering basic intentional torts and the elements of negligence, among other things.
- Advanced Business Law and the Legal Environment
- Chapter 24, Section 24.4
- https://saylordotorg.github.io/text_advanced-business-law-and-the-legal-environment/s27-04-regulation-of-land-use.html
When an individual is on property belonging to another, the law attaches differing status’ depending on the type of property and the purpose of the individual. This reading explains the different status’ under the law and what the legal obligation the landowner owes depending on that status.
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Washington State Hospitality Law Manual
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