INTRODUCTION:
When being assigned within a team responsible for the interior design of a dispersed hotel, it is of vital importance to identify all legal issues, which may become present within the scenario. Then to furthermore, to achieve this, the IRAC approach to reach a solution and conclusion, which will be in favour of all parties involved.
SCENARIO A, QUESTION 1:
Our client (proprietor of the hotel) has come forward to our team with questions raised over the selection of flooring material, which has been suggested to be used within the hotel’s reception area. They wish to know whether it is possible for them to be pardoned from the potential of liability via them assembling large signs which provide guests to the common areas
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Similar to Latimer v. AEC [1953] AC 643, the proprietor would not be held accountable for beach of duty as they had provided sufficient signage for the patrons of the hotel, warning them of the potential hazard.
ANALYSIS/APPLICATION:
By providing signage, the guest has notified the visitors of the potential risk, which may occur within common areas of the hotel. Thus guests of the hotel have been informed and should approach the situation and act within an appropriate manner as to not sustain any injury or loss.
CONCLUSION:
As in Australian Safeway Stores Pty Ltd [1987] 162 CLR 479, it would appear that if injury occurred the proprietor would be liable to beach of duty of care, unless, he had placed appropriate signage. Therefore in this case, the proprietor would not be held accountable to injuries sustained.
SCENARIO A, QUESTION 2:
A material selected for the common area, which my team recommended, has caused a guest of the hotel to sustain injuries caused by slippage. Are we now liable to compensate for the injured guest, as my team selected the material? Would the outcome of the matter differ in anyway if the material selected complied with Australian Standards?
ISSUES:
• Is there a relationship between my team as the designer and the guests entering the hotel, therefore care of duty?
• Has duty of care been breached?
• Has my team as registered and qualified designers failed to successfully acquire the appropriate level of care owed to the injured party?
•
Duty of Care: best interest; defensible decision making; contextualising behaviour; identification of positive and negative risks
We must know which visitors we can expect. For example, guests for a wedding (because a wedding will be held in one of the halls of the hotel), or businessmen who come for a business meeting, or a family on vacation.
This claim arises out of a lawsuit filed in Kane County, Illinois involving an incident at Johnny A’s Third Rail Pub, a local pub owned by the Insured, Beslidheje, Inc. Mr. Tefik Ashiku owns and operates the Insured corporate entity. The pub operates out of a building owned by the co-defendant, Junaid Zubairi. Plaintiff’s lawsuit alleges negligence against both Beslidheje, Inc. and Zubairi, claiming that the stairway had insufficient or inoperative lighting at the time she fell.
3. What defense(s) does the hotel have on its side? List (and define) those here. Very briefly state
Once the couple started to get settled into their room, a number of different incidents occurred that could of easily been handled with a properly trained staff that executed 5-star customer service. McKenzie asked for a luggage rack, which was promised immediately and never delivered to his room. McKenzie also made several requests that extra pillows be brought to his room, which were promised and were failed to deliver (Kayalar). With key persistence he was later told, “the hotel did not have extra pillows available.” I want to note that the hotel was not at full capacity, so if proper customer service was instilled in the employees a trip to a vacant room for a pillow could have easily solved this request. The couple in turn requested towels to use to bulk up the flat pillows. Thankfully, the towels were delivered, however, the employee did not address their inconvenience and in fact never said a word or had a smile on their face. Customer service is not only providing the material, but it is also having the face of the employee that is representing the company or business to make a good impression on the guest or client. Another issue with the room was the restocking of everyday
Hotels and Restaurants,. (1992). retrieved September 10 2015, from Cornell University Law School Web Site: https://www.law.cornell.edu/wex/hotels_and_restaurants
However, Lambert’s Café is first and foremost a restaurant. In Coomer, the Court examined a case where a patron at a baseball game sustained injury after being hit in the eye with a hotdog thrown into the audience by a baseball team’s mascot (Id. at 188). The Court asserted, based on findings in Ross v. Clouser, 637 S.W.2d 11, 14 (Mo. Banc 1982) that “if a person voluntarily consents to accept the danger of a known and appreciated risk, that person may not sure another for failing to protect him from it” (Id. at 189). They then asserted that if that is the case, the plaintiff would not be owed any duty of care by defendant (Id. at 192). However, they found that having a hotdog thrown at one’s person during a baseball event does not constitute an “inherent risk,” since it is not a common practice during the performance of an average baseball game (Id. at 202). The Court concluded that the team “…[owed] the fans a duty to use reasonable care in conducting the Hotdog Launch and can be held liable for damages…”(Id. at 203).
Respondent sought compensation from her employer Comcare under the Safety Rehabilitation and Compensation Act 1988 (Commonwealth). It was argued that she suffered injuries during the course of her employment.
said the venue had no responsibility for damages, you have a case in the form of
After having consumed the faulty oysters Beatrice felt sick, whilst making her way to the toilets she tripped over ripped carpet falling hard and breaking her arm. Prior to this incident Beatrice was working as a team assistant/PA investment banker employed by HSBC on a full time contract of 40 hours per week. In regards to the injury Beatrice was unable to work for a period of two months therefore she suffered financial loss as well as sustaining personal injuries which are certified by medical reports. The first statute which can be referred to is the occupiers liability act 1957 s.2 (1), which states:
Adams could receive from the Work Place Safety and Insurance Board, is health care costs. The Work Place Safety and Insurance Act states, “A worker who sustains an injury is entitled to such health care as may be necessary, appropriate and sufficient as a result of the injury and is entitled to make the initial choice of health professional for the purposes of this section” (s.33(1)). If Ms. Adams does not send her health bill to the Board, when the Board specifies, the cost for her health care benefits could be reduced. This is in accordance with Section 33(4) of the Work Place Safety and Insurance Act, “If the Board does not receive a bill for health care within such time as the Board may specify, the Board may reduce the amount payable for the health care by such percentage as the Board considers an appropriate penalty.” Under Section 34(1), Ms. Adams is also obligated to co-operate with health care measures. The Act states, “A worker who claims or is receiving benefits under the insurance plan shall co-operate in such health care measures as the Board considers appropriate.” If Ms. Adams fails to co-operate, her benefits can be reduced or suspended under Section 34(2) of the Work Place Safety and Insurance Act. Ms. Adams would also be subjected to undergo a health examination upon the Board’s request, under Section 35(1) of the Work Place Safety and Insurance Act. Failure to comply could also result in the reduction of benefits, in accordance
Establishing whether not the current case is analogous to cases in which a duty of care already been determine. For instance the category of which duty of care has been held not to exist. The law justifies all these through the word responsibility. Everyone has a responsibility for their actions. This same word, responsibility, is also used to justify strict and vicarious liability. Parents, guardians, employers and other similar persons are responsible for their wards and employees. I think this is also a balancing of the scale. Due to circumstances such as incapacity in law of inability to pay, the injured party may be
The purpose of this discussion essay is to prove that there was a breach of contract, that there was tort liability involved, that there was a guest innkeeper relationship, a possible landlord tenant relationship and bailment involved.
Angela may well be successful in court, as it could be argued that there is an implied term in the contract that the hotel should provide reasonable care. As seen in similar circumstances in Olley v Marlborough Court Ltd, by leaving the door to Angela’s room unlocked, the hotel did not fulfil this term of providing reasonable care. The sign on the back of the door is not an express term within the contract, as it was not communicated at the time the contract was made.
9:00 to 10:00, the hotel standards will be explain such as values, visions and history moreover a review of the policies and procedures of the establishments will be explained such as in case of fire what is the procedure and also the expectation of the hotel from the employees.