HTM 411 Exam 2 Study Questions HTM 41100 Hospitality & Tourism Law Chapter 5 Principle of Negligence Study Questions 1. Define negligence as it applies to hotels and restaurDon't forget about the age old question of econ 490
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ants. A breach of legal duty to act reasonable that is the direct (or proximate) cause of injury to another 2. List and describe the following elements of a neglect case: a. The existence of a legal duty to act reasonably owed by the defendant to the plaintiff We have a duty to protect people who could be injured by our action (or lack of actions) if the connection between those actions and the injury could have been foreseen b. A breach of that duty If it has been established that there was a legal responsibility (duty), then the next thing that must be proved was that the defendant was in breach of the duty. This means that the defendant knew or should have known but failed to act. c. Injury to the plaintiff After the first two standards, the person must prove that they were injured d. Proximate cause Once the first three elements have been established, the final element is that the defendant’s negligence caused the injury. (proximate cause refers to a direct and immediate cause of the injury) 3. Which two elements of a negligence case must have a cause-and effect relationship (proximate cause)? The injured is caused by the breach of duty 4. What is an “open and obvious” hazard? “Open and obvious” means that the dangers are so obvious that the invitee can reasonably be expected to discover them. 5. Given an example determine if the hazard would most likely be considered as an “open and obvious” hazard. 6. What effect can an “open and obvious” hazard as the proximate cause of the injury have on the outcome of a negligence suit? 7. Describe the effect a plaintiff’s preexisting condition can have on the outcome of a negligence suit. If the injury was due to preexisting conditions then the defendant may not be liable. If the negligence aggravated a preexisting condition then the defendant is liable for the additional injuries 8. What is an intervening or superseding occurrence and describe the effect it can have on the outcome of a negligence suit?If there is an intervening or superseding occurrence, then the defendant may not be liable. Determining if an intervening or superseding event has reduced or eliminated a defendant’s liability is for the courts to decide. 9. Given an example determine if the four elements of a negligent case have been met. 10. Describe when a defendant may or may not be liable to person other than the person directly injured by the defendant’s action. Proximate cause of an injury does not extend to third party who suffered a financial loss due to a contractual relationship with the injured party. 11. Describe the four categories legal status of plaintiffs and how what is a hotel’s duty is to each ∙ Invitee: a person who enters an establishment for the purpose for with the business is open to the public, or for a purpose directly or indirectly connected with that business. Ex: employee, hotel guest, suppliers, or the guest’s guest. ∙ Licensee: a person who’s presence does not further the defendant’s business, but rather for the person’s own benefit. The person has permission to access the premises. (person leave room but still in hotel) ∙ Trespasser: a person who enters a premises without permission. (person leave room and leave hotel; a guest leave room and enter a pool for guest only) ∙ Children: minors are a special category and responsibilities change with the child’s age. 12. Given an example determine the legal status of the plaintiff and if the hotel/Restaurant has met its required duty to the plaintiff. 13. Define res ipsa loquitur and describe how it is applied to negligence cases? Means the thing speaks for itself This frees the plaintiff from proving the specific breach of duty committed by the defendant. (because sometime it is hard to prove defendant negligence) 14. List and describe the three elements of res ipsa loquitur. ∙ The plaintiff’s injury was caused by an accident that would not normally have happened without negligence. ∙ The thing that caused the injury was within the exclusive control of the defendant. ∙ The plaintiff did not provoke the accident. 15. Given an example determine if res ipsa loquitur applies and be able to state why or why it does not apply. 16. What is constructive notice and how does it apply to a negligence case?17. Given an example determine if constructive notice applies to a negligence case. 18. What is an attractive nuisance? An attractive nuisance is a potentially dangerous object or condition of exceptional interest to young people. (E.g. swimming pool, large empty box, hot water pie etc.) 19. List the three elements of an attractive nuisance. ∙ A condition exists that is attractive to children and is likely to cause them injury. ∙ The owner or occupier of the land knows or should know of the condition. ∙ Due to a child’s immaturity, he does not appreciate the danger. 20. Given an example determine if attractive nuisance applies case. 21. What is negligence per se and how does that impact the case? This deals with with violations of the law or ordinances designed to protect the safety of the public In majority of states noncompliance with safety laws is sufficient and such acts are treated as neglect without further proof of a breach of duty 22. Given an example determine if negligence per se applies to a negligence case. 23. Does meeting current ordinances and regulations protect a business from negligence liability? Explain. Ordinances and regulations may not keep up with new technology; it is up to businesses to keep up with technology to protect patrons 24. Given an example determine if strict or absolute liability applies and the consequences for the business. This applies when a party is engaged in ultrahazardous activities (such as using explosives). The defendant is responsible for all injuries associated with the accident even if reasonable care was exercised. 25. Describe strict product lability and state how it can impact hotel/restaurant operations? If a product is defective or does not include adequate warning of dangers it posses, then negligence does not have to be proven for liability to occur. 26. Given an example determine if strict product liability applies and any options a hotel /restaurant may have in such a case. 27. Define respondeat superior and describe how it has been applied to negligence cases. This means let the master answer. It means that employers are responsible for the negligent act of employees.28. Given an example determine if respondeat superior applies to a negligence case. 29. Describe a hotel’s responsibility for negligence by and independent contractor. A company generally not liable for the act s of independent contractors it hires. An independent contractor is someone who contracts to do one or more specific projects for someone else and maintains control of how the work is done. 30. What a nondelegable duties? List several of these duties. You cannot delegate your responsibility to keep premises reasonably safe for your guest to an independent contractor. 31. Describe a person’s responsibility to aid another in distress/danger? You are not generally required to come to the aid of a person in distress. However, if you come to the aid you are required to exercise reasonable care 32. Describe a hotel’s responsibility to aid a guest in distress/danger? a. You are responsible for coming to the aid of an invitee in distress or danger. b. You are not required to administer aid directly; you only need to promptly call for help. c. If someone else is already providing aid and the person looks competent then your do not have to provide aid as well. 33. Define contributory and comparative negligence and compare and contrast the two. contributory negligence: is a law in a minority of the states. States that if the plaintiff was negligent and that negligence contributed to that accident that causes the injury then the defendant is not liable. comparative negligence: This seeks to divide responsibility between defendant and plaintiff based on their relative degree of culpability 34. Describe how the last clear chance doctrine applies to negligence cases based on contributory and comparative negligence. Also called the subsequent negligence rule: designed to balance the playing field in states where contributory negligence applies. It looks at how had the last clear chance to act to avoid injury to the plaintiff 35. What is the assumption of risk doctrine? This applies when the plaintiff knowing engages in conduct known to present a risk of injury in states with contributory negligence 36. List and describe the four factors that must be established for the assumption of risk doctrine to apply. i. Had knowledge of the risk ii. Understood the risk iii. Had a choice of either avoiding the risk or engaging in conduct that confronted the risk iv. Voluntarily chose to take the risk 37. Given an example determine if assumption of risk doctrine applies to a negligence case. HTM 41100 Hospitality & Tourism Law Chapter 6 Negligence and Hospitality Practices Study Questions 38. Describe the duties owed a guest in hotel and given an example determine if the hotel will likely be held liable for an injury related to the following areas: a. Cleanliness If a guest room is not cleaned well, liability can result. b. Bed, chairs and other seats i. Must be inspected and maintained regularly, any defects must be repaired or replaced. ii. If it is reasonable for a hotel to assume that a bed, chair, or other seat may be use for a purpose than it was originally intended, then the hotel must make sure it is safe for that purpose. c. Windows, window fixtures, and screens i. Hotels must properly maintain windows, window fixtures, and screens ii. Hotels must ensure that each item meets current safety standards d. Electrical and heating hazards Electrical and heating devices must be maintained in good working order e. Animal and insects i. Hotels have a duty to exercise reasonable care to keep guest from being injured by animals and insects. ii. Hiring a licensed pest control company is a good first step, but it does not relieve you of responsibility. f. Bathrooms 39. Describe the duties owed to individuals and given an example determine if the hotel will likely be held liable for an injury related to the following public areas: a. Lobby Walkways are not blocked by suitcase or similar item, rugs have no bumps or holes on, furniture is in good condition, no intruders are bothering guests, debris is picked up. b. ElevatorsThe cause range from failing to level the elevator with the floor when a guest is exiting, to malfunctioning elevators that plunge down the shaft out of control, in general, a hotelkeeper who operates an elevator is obligated to use at least ordinary care in its maintenance and operation. c. Escalators Injury can result if an escalator is not working properly or is overcrowded. d. Doors The duty of restaurants and innkeepers to exercise due care to keep the premises reasonably safe also applies to doors. e. Stairways Guests are entitled to assume that steps and passageways are clear of dangerous impediments and otherwise reasonably safe. f. Floors in general 40. What are the risks associated with serving flaming foods? What precautions should a restaurant take when serving them? 41. What precautions should a restaurant take when serving hot beverages? 42. What are the safety concerns that a parking valet should be aware of? 43. What areas of your grounds should you pay particular attention to as they relate to guest safety? You are responsible for maintaining your ground in a safe condition just like the interior of your facility i) Play particular attention to the following: (1) Walkways (2) Visibility (3) Holes (4) Changes in elevation (5) Ramps and stairs (6) Drain grates 44. What are the concerns with outdoor lighting? Lightning Generally, you have no responsibility to alert guests to the potential of lightning However, if you advertise that you will provide such warnings you have assume the duty and may be held liable ii) Must provide sufficient lighting so the guests can safely navigate your property. iii) Light must be positioned so that they do not present a hazard (1) Cause impaired vision(2) Create a bumping or tripping hazard iv) Not all paths need to be lighted if there is a lighted path available that will take a guest where he/she needs to go. 45. Name four causes of swimming-pool accidents and state how each could be avoided. i. Cloudy water ii. Safety equipment iii. Glass in pool area iv. Chemical level 46. When must a hotel employ a security guard to protect the guests? 47. Given an example determine if the hotel should provide a security guard to protect guests. 48. What is a hotel responsibility for jogging paths not on the property? (a) Condition of the path (b) Traffic If you only provide a map and do not maintain the path, then you are generally not liable 49. What are hotel responsibilities in relation to public beaches? Be sure and know the majority and minority positions. Majority of the states: You generally have no responsibility to warn guests of hazard related to the ocean unless you have done something to aggravate the hazards. Minority of the states: You have a responsibility to warn guest of hazards if you can reasonably foresee that guests will visit the offpremises facilities (beach). If a hotel provides items for guests to use, then they have a responsibility to protect the guests or others from injuries related to those items. If a hotel invites guests to swim in a particular location, then the hotel must make sure that the area is safe. 50. Given an example of an incident at a public beach determine if the hotel will likely be found liable. 51. What are a hotel's duties in regards to protecting guest from injuries caused by fires? ∙ You must comply with all statutory safety requirements – however this may not guarantee freedom of liability ∙ You must ensure that all staff are properly trained how to respond to a fire. ∙ If the fire start in your establishment and the origin of the fire was a result of negligence then you may be liable for damage done to adjoining structures ∙ Firefighter’s Rule: hotels are not liable for injuries sustained by firefighters responding to a call even if the result of the fires was negligence.∙ In certain cases the negligence related to a fire can result in criminal charges being filed. HTM 41100 Hospitality & Tourism Law Chapter 7 Guests and other Patrons Study Questions 1. List the different events that mark the beginning of the innkeeper guest relationship. ∙ Registration, it is a clearly evidences intend on both the guest’s and innkeeper’s part to develop an innkeeper-guest relationship. ∙ Delivery of property: if a guest ships property to hotel (such as luggage) prior to arrival and the hotel accepts the property then intent on behalf of both parties has been established unless it can be proven that the guest had no intentions of becoming a guest at the time the property was delivered. 2. When does the innkeeper-guest relationship terminate? a) Relation is terminated when any of the following occur: b) Contracted time for the room has expired. c) Bill is due but not paid d) Proper notice is given to the guest to leave e) A reasonable amount of time has passed since the guest has checked out The bill has been paid 3. Given an example, determine if a person meets the requirements to be considered a guest. 4. What is the significance of someone qualifying as a guest? Any person who primarily enters an inn for the purpose of renting a room for overnight accommodations 5. Describe the factors that distinguish a guest from a tenant. ∙ the terms of contract between parties ∙ the extent of control or supervision of the patron's room maintained by the proprietor, ∙ the more control and supervision is retained by the hotel, the more likely the patron is a guest. ∙ the rental rate interval (daily, weekly, monthly). ∙ the shorter the interval, the more likely the patron is a guest ∙ the longer the occupancy, the greater the suggestion that the patron is a tenant. ∙ incidental services offered. for example, frequent housekeeping and room services are often associated with guests but not tenants ∙ whether the room has cooking facilities.the kind of furnishings in the room and who owns them. HTM 41100 Hospitality & Tourism Law Chapter 8 Protecting Patrons' Property Study Questions 6. Describe the limiting statute? Limited liability statutes are designed to restrict the innkeeper’s liability for items which disappear under mysterious circumstance while in the hotel. In most states they are not designed to protect the hotel from losses due to negligence on the part of the hotel staff. 7. What must a hotel do to ensure it can claim limited liability for a guest’s valuables? i) It provides a safe for the guests’ use. ii) It posts notices announcing to guests the availability of the safes. iii) It posts notices of the hotel’s limited liability and the maximum amount collectable is prescribed by statute. 8. What information must be provided a guest for a hotel to claim limited liability? posts notices announcing to guests the availability of the safes and posts notices of the hotel’s limited liability and the maximum amount collectable is prescribed by statute. 9. Identify which property that is required to be put in a safe? Money Jewels Ornaments Bank notes Bonds Negotiable securities Precious stones Articles of similar value 10. Given an example determine if the limiting statute applies and predict the level of liability for the hotel. 11. What are the consequences if a guest fails to put valuables in a safe and they are lost or stolen? How would the consequences change if the hotel is negligent? Hotels only have limited liability if personal items are lost/stolen while in your custody in the hotel, unless you can prove negligent. An exception is Florida which provides no liability unless the hotel was negligent. If a hotel is negligent then the hotel has limited liability. 12. What is estoppel? What is its relevance to a hotel’s liability for lost property? This precludes a hotel from claiming limited/no liability because a hotel representative/employee made false representation to another person and the person followed the recommendation and suffered a loss. Ex: Implying greater liability or Misrepresenting risk 13. At what point during check-in and check-out does a limiting liability stature become effective/non-effective? While a person is in guest status, the rules concerning limited liability apply. 14. What is a bailment? The transfer of personal property from one person to another with the expectation that the property will be returned. 15. What are the essential elements for a bailment to take place? ∙ Personal property: property that is tangible and moveable. ∙ Delivery of possession: the property must physically be transferred from the bailor to the bailee. ∙ Acceptance of possession by the bailee: the bailee must knowingly accept possession of the property. ∙ Bail agreement: both the bailor and the bailee must accept the agreement that can be expressed or implied. 16. Given an example determine if bailment has taken place. 17. Define bailor and bialee. Bailor is the person who is transferring the property to another person. Bailee is the person receiving the property with the intent of returning it to the bailor. 18. Describe the three different classifications of bailment and the duty owed by the bailee in each. ∙ Bailment for the dole benefit of the bailor: bailee must exercise only a slight degree of care. Liability will occur only if gross negligence occurs. ∙ Bailment for the sole benefit of the bailee: bailee accepts a high degree of responsibility for the property ∙ Mutualbenefit bailment: this is also called bailment for hire. The bailee must exercise normal care in maintaining the property. 19. Given an example determine which classification of bailment has taken place. 20. What are the rules for bailment concerning cars? For a bailment to have occurred, the keys must be transferred with the car. If a bailment has occurred, hotels are not allowed to limit liabilities simply by posting a sign 21. Given an example determine if bailment of a car has taken place. 22. What are the rules for bailment for the content of cars? 23. Given an example determine if bailment of the contents of a car has taken place. 24. What are the rules for bailment concerning coatrooms? If a guest checks his/her coat and does not receive a receipt then no bailment exists.If a bailment exists then limited liability may also exist. 25. Given an example determine if bailment of garments has taken place. HTM 41100 Hospitality & Tourism Law Chapter 9 Rights of Innkeepers Study Questions 1. To whom can an innkeeper refuse to rent to? Criminals Intoxicated individuals Disorderly individuals Unclean (not bathed) and unkempt individuals Individuals suffering from contagious diseases People of bad reputation People who are not willing or able to pay 2. What are the potential consequences for wrongfully refusing to rent a room to a would-be guest? The excluded guest can sue the hotel for damages, which may include additional expense of staying else where. If the refusal is based on race, color, religion, sex or disability, most state statues have penalty clause requiring the hotel to pay a fine for the wrongful exclusion in addition to any damages suffered by the would-be guest. 3. When can an innkeeper or restaurateur exclude a non-guest/patron from their establishment? 4. What is the best way to exclude a non-guest/patron from a hotel or restaurant? 5. When can an innkeeper enter a guest’s room? a. To address an emergency. b. To perform routine maintenance and repairs. c. When the guest’s has not paid for the accommodations. d. When entry is requested by the guest (room service, housekeeping, etc.) e. To move the guest’s belonging to another room (not recommended without consulting with guest first). f. To remove the belongings of an evicted guest. 6. Given an example determine if the innkeeper lawfully entered the guest’s room.7. What precautions should a hotel take before moving a guest to another room? a. Courts have held that if a guest is provided a suitable room in place of the one they are currently in then they can be moved with or without their permission. b. From a customer service standpoint it is not good to move a guest without first talking to the guest. 8. What are the allowable reasons for evicting a guest from a hotel? i. Failure to pay bill ii. Overstaying iii. People of ill repute (be careful with this one) iv. Intoxicated and disorderly conduct v. Disorderly conduct vi. Contagious illness (be careful with this one) vii. Breaking house rules viii. Persons without baggage (in some states) ix. Business competitors 9. What are the best practices for evicting a guest from a hotel? a. Avoid verbal and physical confrontations if at all possible. b. You are allowed to use force, but you are much better off contacting the police if you believe that force is required. c. Use of excessive force or threats can result in civil and possible criminal action against the hotel and the individual involved. d. Watch what you say, if you are verbally abusive then you may be guilty of slander. 10. What are the consequences for using too much force to evict a person from a hotel? Unnecessary force in the course of an eviction can lead to liability for the torts of assault or battery. 11. Given a scenario when excessive force was used to evict a guest by an employee, determine if the hotel/restaurant is liable. 12. What is necessary to evict a tenant? Tenants cannot be evicted without a court order. 13. What reason can a restaurant not use as the basis for denying service to an individual? 14. What is the difference between the torts of assault and battery? Assault means intentionally putting someone in fear of harmful physical contact, such as making a fist in a way suggestive of an imminent punch. Battery means causing harmful physical contact to a personHTM 41100 Hospitality & Tourism Law Chapter 10 Guests’ Rights Study Questions 15. What guest rights if violated can result in liability for the innkeeper? a. To occupy the hotel room without disruptions b. To privacy in the room to include the right to restrict access by the innkeeper, police, and others c. To be treated with respect and not be insulted or humiliated by hotel staff d. To be free from false arrest or detention without cause e. To be free from credit card fraud, identity theft, and other criminal activities committed by hotel staff f. To be informed of fees and charges before they are imposed g. To have hotel employees process their mail properly 16. Identify which actions violate a guest’s right to occupy a hotel room without distraction. i. Unauthorized entry by another person ii. Unauthorized viewing of guests in their room iii. Disturbances outside the room that prevent the room from being used for its intended purpose 17. When does a guest’s right to occupy the hotel room without disruption end? This right is terminated when the agreement to use the room ends (checkout time) 18. Given an example determine if a guest’s right to occupy the hotel room without disruption has been violated. 19. When can a hotel manager/employee enter a guest’s room without that guest’s permission? 20. What must a manager do upon learning that there are illegal activities going on or illegal items in one of the hotel rooms from an employee that legally entered the room? If the innkeeper or staff who have legally accessed a room notice illegal activity or item then they are required to notify the police, failure to do so may result in a loss of the hotel’s right to conduct business. 21. When may the police enter a guest’s room without that guest’s permission? i. An emergency ii. Disruptive behavior within the room iii. The guest no longer has the right to occupy the room22. Can a hotel be held liable if it allows police to warrantless search of a guest’s room without the guest’s permission? No. If a representative of the hotel lets the police do a warrantless search of a guest room while the guest still has the right to occupy the room the hotel may expose itself to civil liability. 23. When can law enforcement inspect a guest register? The U.S. Supreme Court just struck down a law requiring hotels to allow police to look at their guest register without a warrant 24. When can items found in a room after a search without the guest’s permission be used in court? Items misplaced by guests may be searched to identify the owner. Illegal items found as part of that search may be used against the owner. Once the identity of the owner has been established the search should stop without the owner’s permission to continue. Anything found after the owner’s identity has been establish will not be admissible if the owner did not give permission for a continued search of the item. 25. A guest leaves and item in the room after checking out. a. Does the hotel have the right or obligation to search the item? b. If they search the item what should they be looking for? c. When can illegal items are discovered when searching the item be admissible in court? 26. What are two potential liabilities if a hotel employee uses abusive language when talking to a guest? ∙ If there are others present to overhear the language being used the guest may be due damages based on defamation of character. ∙ If defamation is not involved the hotel may still be liable for damages for intentional infliction of emotional distress. 27. What must a guest prove to be awarded damages in a case of intentional infliction of emotional distress? The language went beyond abusive to the point of being considered as outrageous. The guest must show a resulting severe distress 28. What restrictions does a hotel have concerning the fees it charges? a. You have to notify the guest of fees and charges before they are imposed. b. You cannot charge for services a guest did not receive. c. Telephones must be provided in each guest room. Charges related the use of the phone is regulated by states. The widespread use of cell phones has caused some states to relax regulations; however that does not eliminate the need to tell guests prior to the use of the phone. 29. Given an example determine if a hotel is allowed to charge a specific fee.30. What obligations does a hotel have concerning mail, packages, and facsimile messages received by the hotel and addressed to a guest? a. Accepting mail or packages for a guest constitutes and mutual benefit bailment. You must have procedures in place to ensure you get it to the right person. b. If you provide a fax machine for your guests’ use you must provide safeguards to ensure that the fax is only read by the person it was sent to.