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Under the theory of vicarious liability, the hotel is responsible for its employees' actions as long as they complete the action within the ?scope of their employment,? meaning in the course of their job duties.
Any person who, with intent to defraud, shall obtain lodging, food, money, property or other accommodation at a hotel, inn, boarding house or lodging house without paying therefor shall be guilty of a Class A misdemeanor.
The owner is under a duty to furnish proper accommodations, and to exercise proper care for the safety and tranquility of the guest, while the guest must exercise due care to refrain from any boisterous or otherwise distrustful or offensive conduct.
Under modified comparative negligence, an injured party may recover damages only if he/she is less than 50% at fault for the injury or damages. However, the recovered amount may be reduced in proportion to the degree that the injured party was at fault.
If the plaintiff's contributory negligence is more than 50% of the total proximate cause of the injury or damage for which recovery is sought, the defendant[s] shall be found not liable. [The term ?plaintiff? includes a counterplaintiff.]