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Some level of negligence by hotel staff must be proven in order to hold a hotel responsible for an injury or loss. A hotel is 'negligent' in the eyes of the law when it fails to adequately protect its patrons and employees.
Negligence is the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances.
Some common negligence case examples under this category include, but are not limited to, the following scenarios: A driver runs a stop sign and slams into another car. A driver operates illegally in the bicycle lane and hits a bicyclist. A driver runs a red light and hits a pedestrian in a crosswalk.
Slip and Fall The frequency is so great, this phrase is now a common legal term. Common causes of these accidents include carpets not properly secured to the floor, electrical cords laid across floors, wet floors caused by leaking ceilings or janitorial work, objects or liquids on stairs, and hand railings that fail.
While hotels have a duty to exercise reasonable care, it is important to note that they are not insurers of their guests' safety. This means that hotels are not automatically responsible for any loss or injury that occurs on their premises.
A hotel has a duty of care toward its guests, employees, and visitors. It must take steps to avoid injuries or accidents that can be reasonably foreseen.
First, obvious breaches of duty of care occur when the building is not maintained or a safe environment is provided. This commonly includes improperly maintained stairs or sidewalks, unlit or badly lit areas, insufficient oversight of pools or spas, or broken furniture inside rooms.
Hotels may be "vicariously liable" for the negligence of their employees. Hotels are generally liable for damages if they cannot honor a confirmed reservation because of "overbooking." Hotels may generally sue for damages or retain deposits if confirmed reservations are not honored by prospective guests.