CSN Legal and Risk Management Inspection Guide Exam You have been hired by the legal and risk management department of your chosen hotel, casino, or restau

CSN Legal and Risk Management Inspection Guide Exam You have been hired by the legal and risk management department of your chosen hotel, casino, or restaurant to identify potential areas of concern and any potential lawsuit against the property.You must identify two potential areas of concern for the chosen property.Each area of concern must be different and must relate to any topic area we covered in HMD 401.You must write at least 150 words on each area of concern and explain why it is a concern to the property.Each area of concern must have a photo you took (make sure the photo does not look too professional or like an image taken from the Internet).

there are two pictures that I took at one hotel.

one is at the bar and another one is at the valet parking.

you can write about the invitee, licensee or trespasser for first picture

and you can write about bailor or bailee for second picture.

but, if you have any different idea, you can use your own idea.

I will attach my class’s lecture as well, it will help you to write an essay.

if you have any question, let me know. 6/18/19
Exam 2 Review: June 25, 2019
Tort
Exam: June 26, 2019
60 Multiple Choice Questions
5 Short Answer questions
Elements of a Negligence Case
The existence of a legal
DUTY to act reasonably
owed by the defendant
to the plaintiff
A BREACH of that duty
INJURY to the plaintiff
PROXIMATE CAUSE
Tort: many
types of
noncriminal
wrongs done by
one person that
injure another
Proximate Cause
Refers to direct
and immediate
cause
Legal Status
Invitee
Hotels and
restaurants are
not the insurers
of guests’
safety
There must be a
cause-and-effect
relationship
between the
unreasonable
conduct and the
injury
Duty Owed to Invitees
Licensee
Trespasser
Necessary reasonable
care include:
• Repair
• Warning about the dangerous
condition
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Duty Owed to Licensees
Refrain from
willfully or
wantonly
injuring the
licensee
Warn of any
latent dangers
on the premises
of which the
property owner
has knowledge
Duty Owed to Trespassers
Least duty owed to
trespassers
Landowner or
possessor does not
owe a duty to
safeguard a
trespasser from
injury caused by
conditions of the
land
In some states…
No Duty Owed on Property Not Owned or
Maintained by the Hospitality Facility
Some states have
abolished the
distinction
between licensees,
invitees, and
trespassers and the
duties owed to
each
A hotel or restaurant is generally
not liable for injuries that occur
to patrons on property not
owned or maintained by it, even
if the property is near the hotel
or restaurant’s facility
In those states the
occupier of land
owes a duty of care
to all three
Res Ipsa Loquitur
Literally means
“the thing speaks
for itself”
Attractive Nuisance Doctrine
Frees the plaintiff
from the burden
of proving the
specific breach of
duty committed
by the defendant
Condition that’s
attractive to children
and is likely to cause
them injury
Landowner knows or
should know
of the danger
Due to the child’s
immaturity, child
does not appreciate
the danger
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Negligence Per Se Doctrine
Conduct that violates
a law designed to
protect the safety of
the pubic
Strict Liability
The legal doctrine
that imposes for
injury caused by an
ultra-hazardous
activity without
regard of fault or
wrong doing by the
party engaging in
dangerous conduct.
Obligations Beyond Regulation
Can a hotel be found negligent
for failing to do more than the
law requires?
Yes
Respondeat Superior
The legal doctrine
that imposes liability
on a defendant even
when the defendant
is not negligent.
Independent Contractors
Someone who contracts to do one or more
specific projects for someone else and maintains
control of the method for doing the work
A company generally is not liable for the acts of
independent contractors it hires
The legal responsibility
of an employer for its
employees
Helps to ensure that
the plaintiff will have a
financially secure
defendant
Encourages employers
to exercise caution in
the selection of
employees
Encourages employers
to train their
employees well
Independent Contractors:
Factors to Consider
1. The length of time for which a person is hired
2. The method of payment—by time or by the job
3. Whether or not the work being performed is part of the
regular business of the employer
4. Intentions and beliefs of the parties concerning their
relationship
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Nondelegable Duties
Duties that cannot
Rule is intended to
be transferred
motivate the hotel
(delegated) to
to monitor
another
carefully the work
of an independent
(e.g. elevator
contractor
maintenance)
Duty of Business Owners
to Aid Invitees in Danger
The law in most states
requires business owner
to lend a hand under
certain circumstances
Duty to Aid a Person in Distress
Law does not typically
impose a legal duty on
individuals to rescue
someone in trouble
Statutory Protection for Good
Samaritans
Laws that protect a person who reacts in
an emergency situation by trying to help a
sick or injured person or someone in peril
The rescuer will not be liable for any
injuries caused in the attempt to render
assistance, only for gross negligence
Rule in Choking Situations
The law does not require a
restaurant to administer first
aid to a choking patron
The restaurant’s only duty is
to summon medical
assistance for the diner
If restaurant calls 911, it is
free from liability
If a restaurant chooses to
administer first aid and does
so negligently, it will be held
liable in many states
Contributory Negligence
Vs.
Comparative Negligence
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Review Question
Contributory Negligence
The plaintiff contributed to the
injury (i.e. AL, MD, NC, VA, DC)
Plaintiff cannot successfully sue
a negligent defendant
Comparative Negligence
In a contributory negligence state, a
plaintiff was found to be 20% at fault
and a defendant was found to be 80% at
fault in a car accident. If the total
damages were $100, how much will the
plaintiff recover?
ZERO! $0
Comparative Negligence
Plaintiff’s negligence will not totally
defeat the lawsuit
In a pure system: plaintiffs will collect the
appropriate share of their damages regardless of
the percentage of fault attributed to them
Jury will allocate liability between the
plaintiff and the defendant depending
on their relative degree of culpability
Nevada follows the comparative negligence rule
provided that, for the plaintiff to recover, the
percentage of liability allocated to the plaintiff
must be less than that assigned to the defendant
Review Question
Review Question
In a comparative negligence state, a
plaintiff was found to be 30% at fault
and a defendant was found to be 70% at
fault in a car accident. If the total
damages were $100, how much will the
plaintiff recover?
In Nevada, a plaintiff was found to be
30% at fault and a defendant was found
to be 70% at fault in a car accident. If
the total damages were $100, how much
will the plaintiff recover?
$70
$70
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Review Question
Doctrine of Last Clear Chance
In Nevada, a plaintiff was found to be
60% at fault and a defendant was found
to be 40% at fault in a car accident. If
the total damages were $100, how much
will the plaintiff recover?
ZERO! $0
Assumption of Risk
Applies in cases
where the plaintiff
voluntarily
engages in
conduct known to
present a risk of
injury
If the plaintiff is
injured as a result
of that risk,
according to the
doctrine, the
plaintiff cannot
successfully sue for
the loss
Constructive Notice
How long is long
enough?
There is no specific
time period
Plaintiff has been negligent
As the result of this
negligence, the plaintiff is in a
position of peril that cannot
be escaped by the exercise of
ordinary care
Defendant knew or should
have known of the plaintiff’s
peril
Defendant had a clear chance,
by the exercise of ordinary
care, to avoid the injury to the
plaintiff, but failed to do so
Constructive Notice
A facility has constructive notice
when the condition has existed for a
sufficiently long period of time, such
that the facility should have
discovered the problem in the
ordinary course of monitoring the
premises
Frequent Floor Cleaning
A restaurant may be able to establish
that it exercised reasonable care, and
therefore is not negligent, if it
enforces a policy of frequent
inspections of the floor to ensure that
it is free from food or beverages
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Frequent Floor Cleaning
Where a restaurant has a policy
of floor-cleaning procedures that
ensures safety, but fails to
adhere to that policy, this can
show that the restaurant was
negligent
Ceilings
Improperly built or
supported ceilings can
cause significant injuries
and give rise to liability
Serving Hot Liquids
The coffee industry has
determined that the best
temperature needed to release
the flavor from coffee beans is
170 to 175 degrees Fahrenheit
Hanging Mirrors in Dining Rooms
Make sure mirrors
remain securely
attached
Serving Flambé Foods
A restaurant that serves flambé
dishes or does any tableside cooking
with a flame must carefully train its
employees
ü How to prepare food safely
ü How to use related cooking devices
ü What to do in the event of a fire
Grounds
When invitees use
the sidewalk of a
hotel or restaurant,
they have the
responsibility to
exercise care
where they walk
If they trip and fall
due to an obvious
obstruction or
defect, the facility
will not be
responsible
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Outdoor Sporting Facilities
Even in states that follow the rule
of assumption of risk, a guest does
not assume the risk that the resort
will fail to maintain the sporting
facility in a condition that makes it
reasonably safe for the guest
Comply with Statutory
Requirements
Failure to comply with
safety requirements
imposed by statutes on
pool operators can result in
liability under the doctrine
of negligence per se
Injuries Caused by Fire
Most states have
passed statutes
and building codes
listing equipment
that all hotels and
restaurants are
required to have
for fire protection
Failure to provide
mandated
equipment
constitutes
negligence per se,
resulting in
automatic liability
Swimming Areas
Helps attract
business
High
maintenance,
energy, and
labor costs
Exposes the
hotel
potential
liability
Waterfront Properties
Most cases hold that hotels,
which neither own nor control
the ocean, have no duty to
warn, correct, or safeguard their
guests from naturally occurring
dangers common to waters
Required Fire Equipment
Fire
extinguishers
Sprinkler
systems
Smoke
detectors
Fire alarms
Smoke and fire
dampers
Voicecommunications
Exit
Illumination
Posted maps
showing exit
Emergency
lighting
Evacuation plans
Employee
training
Fire escapes
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Security
Any business that
invites the public
onto its premises
must take
reasonable steps
to guard against
risk of assaultive
behavior
Foreseeability of Criminal Activity
This duty does not
extend to
unforeseeable or
unexpected
criminal acts by
third persons
Unpredictable Attack
If an attack occurs
unexpectedly with no reason to
anticipate it, the facility owes
no duty to the patron to offer
protection against the incident
Large Crowds
Sizable
gatherings of
people can
become unruly
If a facility takes
adequate security
precautions and a
guest is attacked,
the facility will not
be liable
Uniform Commercial Code
Medical Care
Hotels and
restaurants are
not obligated
to provide
medical
services
If the facility is in a high-crime
area, or if the facility or its
guests have been the victims
of criminal activity, the facility
should anticipate additional
criminal activity
Legal duty is
to provide
such first aid
as they
reasonably can
and call 911
A set of rules adopted by
most states designed to
simplify and modernize the
law governing the sale of
goods, including food
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Adulterated Food
Merchantable Food
Food that causes
illness
Also, must be
at least
average
quality and fit
for ordinary
purpose
Trend toward Reasonable
Expectation Test
Objects in Food
Foreign/Natural
substance test:
unrelated to the
components or
ingredients of
the product
Must be fit for
human
consumption
and will not
make people
who eat it sick
Reasonable
expectation test:
object found in
food ought to
have been
anticipated by
the consumer
Foodborne Illnesses
Illnesses caused by consuming
foods or beverages contaminated
with bacteria, viruses, and parasites
Proper handling will usually
eliminate risks
Courts are favoring
reasonable expectation
over strict application
of foreign/natural test
Proof Problems Establishing
Causation
Plaintiff must prove that
food purchased at the
defendant’s establishment
was the cause of the illness
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Customers with Allergies
Restaurant patrons
frequently request that
certain ingredients be
eliminated from their food
Truth-in-Menu Laws
Controversies include:
1. Omitting ingredients
2. Misdescribing a dish
3. Listing wrong cooking method
Label Information Required
Standardization of
serving sizes
Standardization of
terms: light,
cholesterol-free,
and low calorie
Mandatory labeling
total fat and
saturated fat
Limitations on
health claims
Truth-in-Menu Laws
Most states have laws
to eliminate misleading
food advertisements
and labels
Application to Packaged Foods
Mandatory nutritional
labels required for all
packaged foods
Kosher Foods
A designation referring
to food prepared
consistent with Jewish
religious requirements
Must be verified by a
rabbi to receive
designation
People who “keep
kosher” have a right to
expect that food
advertised as kosher is
prepared as required
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Liability for Injuries to Patients
Restaurants have a
duty to protect
patrons from injury
caused by other
customers when
injury is
foreseeable
Duty is breached
and liability results
when a patron is
disruptive and the
facility fails to
eject that
customer
Sudden Unforeseeable Attack
If a fight occurs
suddenly, with no
warning, no
liability results
If the owner
cannot reasonably
foresee injury, the
owner’s
responsibility to
prevent attacks is
limited
Failure to Eject a Quarrelsome
Patron
If a patron is
injured in a fight
with another
customer, and it
could have been
foreseen, the
facility will be liable
If employees are
unable to remove a
troublemaker, call
the police
No Duty to Comply with
Demands of Robber
Restaurant has
no duty to
comply with a
robber’s
unlawful
demands
Even though
compliance
might lessen
danger to
patrons on
premises
Questions?
Good Luck Studying!
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HMD 401: Final Exam Review
Short Answer Questions
ü July 10, 2019
ü 200 Total Points
All short answer questions are from Quiz
1, 2, or 3. You will be asked to answer a
minimum of 2 from each exam. And,
one exam you’ll have to answer 3
questions.
If you have any questions, please
contact me
Each of the seven (7) questions is worth
6-points, with a grand total of 42-points.
Multiple Choice Questions
Questions
Chapters covered: 8, 9, 10, 12 & 16.
One question will come from each of the
following 79 slides:
? 45 Multiple Choice (2-ponts each)
? 34 True or False (2-points each)
Please review the Kahoot! Questions,
which are posted on WebCampus in the
final exam material folder.
Personal Property
If Hotel Theft Occurs
Money
Jewelry
Computers/electronics
Clothing
Sports equipment
Cars
Increase number of
security
Hire more trained
professionals
Warn guests to
lock rooms and put
valuables in a hotel
safe
Install surveillance
to monitor hallways
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Common Law
Common Law
Under common law,
hotelkeepers were liable
for any loss of guests’
property occurring on
hotel premises
To Have Limited Liability
HOTELS
MUST:
1. Provide a safe
for use by guests
2. Post notices
announcing
availability of safes
3. Post notices
announcing limited
liability
1. Providing a Safe
Back in the
day, hotels
provided
safe-deposit
boxes
Today, hotels
provide
individual
safes in each
guest room
State legislatures
recognized
common law was
burdensome to
modern-day
hotels
So, they adopted
statutes to
significantly limit
hotel’s liability, if
hotels follow
specific
procedures
Limited Liability
If the innkeeper deviates from
requirements of the statute in
any manner, common law rule
will apply and the innkeeper
will have unlimited liability
2. Posting Notice of Availability of
Safe
Posting means
displaying a sign that
calls attention to the
availability of a safe
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Conspicuous Posting
Notice must be
displayed in such a
way that people are
likely to see it
3. Posting Notice of Hotel’s
Limited Liability
Must also
post notice
that the
hotel’s liability
is limited
Absent notice
of limited
liability,
common law
rule applies
Nevada’s Limiting Statute
Limitation of liability
(maximum $750) even
if the hotel is grossly
negligent
Conspicuous Posting
Often notice must be
posted at (1) the
registration desk, (2) on the
check-in form, and (3) in
guest rooms.
Languages
If a hotel can anticipate guests
who speak languages other
than English, it is well-advised
to post written notices in other
languages as well as English
Bailment
Transfer of possession of
personal property from
one person to another with
understanding that
property will be returned
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Bailor vs. Bailee
Bailor:
person
transferring
possession
of property
Essential Ellements
Bailee:
person
receiving
possession
Bailment Types
Delivery of
possession
Acceptance
of possession
Bailment
agreement
1. Sole benefit of the bailor
Types of
bailment:
1. For the sole
benefit of the
bailor
2. For the sole
benefit of the
bailee
3. Mutual
benefit
2. Sole benefit of the bailee
Bailor lends
property to bailee
and receives
nothing in return
Personal
property
Exercise a great
deal of care higher
than a reasonable
person exercises
with their own
property
Bailee
receives no
benefit from
the bailment
Bailee
obligated to
exercise only
slight degree
of care
3. Mutual benefit
Both parties
receive
some
benefit
Duty to
exercise
ordinary
care
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Car (Bailment)
Significance of a car key: if
driver keeps possession of
key, she has not delivered
possession of property, so
no bailment exists
Right to Exclude Nonguests
Persons entering a hotel
who do not intend to
contract for a room are
required to leave, if asked
Right to Exclude Nonguests
Only amount of force
that is reasonably
necessary to remove
trespasser is permitted
Right to Exclude Nonguests
Hotels and restaurants
extend an implied
invitation to all, including
nonguests, to enter their
facility
Right to Exclude Nonguests
Person who has
been requested
to leave and
doesn’t becomes
a trespasser
Innkeeper may
use reasonable
force to evict a
trespasser, after
being asked and
trespasser
refuses
Evicting a Guest
Failure to pay
bill
Overstaying
Persons of ill
repute
Intoxication
and disorderly
conduct
Contagiously
ill guests
Breaking
house rules
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Process of Eviction
Refusing Lodging
Eviction should be:
Liability can result:
• Considerate
• With no harsh words
• Force should only be
used if absolutely
necessary
• For physical injuries
• For mental and
emotional distress
Lodging can be refused to:
Criminals
Intoxicated
Disorderly
Unclean and
unkempt
Bad
reputation
Can’t Pay
Pets
Fire Arms
Age
Entering a Guest’s Room
Normal
maintenance and
repair
Imminent danger
Non-payment
When entry is
requested by the
guest
A hotel cannot refuse
accommodations to
anyone seeking them
if rooms are available
Room Selection
Guest room
assignment
has always
been
innkeeper’s
prerogative
Guests have
no legal
recourse if
denied their
preference
Verbal Abuse
Defamation: tort
of making false
and demeaning
statements
about a person
to a third person
Slander—oral
defamatory
statements
Libel—written
defamatory
statements
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Evicting a Hotel Tenant
Statutory Protections
Greater interest prevents
a hotel/ landlord from
evicting the tenant
without a court order
Applicable Property
Guests’ Rights
Coverage does not
extend to a person’s
necessary apparel and
certain personal jewelry
Privacy Exceptions
Normal
maintenance
Right to
occupy hotel
room without
disruption
Right to
privacy in
guest room,
including right
to restrict
access
Privacy Obligations
Imminent
danger
When
requested to
enter by guest
A hotel lien gives an
innkeeper the right to
retain the personal
property of a nonpaying
guest
Non-payment
When rental
period has
expired
Innkeepers
should prevent
unauthorized
employees
from entering
guestrooms
Prevent
peepholes
through which
others can
observe guests
in their rooms
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Illegal Activity
A guest might
be engaging
in illegal
activity in the
room
Illegal Activity
Permitting
illegal activity
to proceed
may endanger
other guests
Search Warrant
Order from a judge
commanding a police
officer to search a
designated place for
evidence of criminal activity
Probable Cause
Facts sufficient for a
reasonably prudent person
to believe that evidence of a
crime is located in the place
the police want to s…
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