A Vacation At The Willard Hotel

1614 Words7 Pages
December 24, 2015. Catherine McGough and her husband had planned a vacation at the Willard Hotel with her husband. First thing first, Mrs. McGough entered the hotel through the exterior sliding automatic doors to check-in at the front desk, while her husband unloaded the luggage out of the car. Mr. Joseph Hill, the chief of security at the Willard Hotel, was aware Mrs. McGough was making her way into the hotel. As she entered through the exterior sliding door and was walking towards the interior automatic swinging door, the door swung open and her.. Mrs. McGough instantly hit the floor and smashed her head. She was knocked unconscious and began bleeding through her ears. She then experienced 7 seizures while waiting for the EMT to show…show more content…
The court determines a person is negligent when they fail to comply with their duty and when their conduct falls below the standard of care. The standard of care in negligence is established by the law to protect others against the unreasonable risk of harm. The risk must be foreseeable. Pennsylvania courts determine a party’s standard of care by examining what a reasonable person would do under similar circumstances. A reasonable person would also consider industry standards, historical information, and other guiding information when making decisions. This will allow the party to be on “notice”. With regarding notice, the question that should be asked is “do the facts, circumstances, or history inform you of potential harm.”. One way to determine whether or not someone is a reasonably prudent person is to use a formula—Burden < Probability * Injury. The formula is designed to weigh out the Burden of adequate precautions against the probability of the action occurring and the gravity of the resulting injury. If the Probability of the Injury of the injury and the level of the injury is higher than the Burden, then the party will be found negligent. The Willard hotel did not comply with the Industry Sensor Standards which means it failed to comply with its duty of care. The Horton company makes sensors for automatic doors. The Willaird Hotel uses Horton Sensors to activate its Automatic Swinging doors at the entrance. The Horton Industry
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