Deck 6: Negligence and Hospitality Practices

Question 1

Will a hotel be liable every time someone drowns in its pool?

A) Yes, a drowning is conclusive evidence that the hotel was negligent in some way.
B) Yes, a hotel is strictly liable for all injuries occurring in and around the pool.
C) No, the hotel is not liable unless it was negligent.
D) No, the hotel is never liable, because a guest who uses a hotel pool assumes the risk of drowning.

Answer 1

C

Question 2

The door to a hotel elevator shaft was left open while the elevator was undergoing repairs. No warning signs were placed near or around the elevator. A guest fell into the shaft and was injured. Which of the following correctly describes the hotel's liability?

A) The hotel will be liable.
B) There is no negligence on the part of the hotel, and therefore it will not be held liable.
C) The hotel will not be liable because the guest assumed the risk.
D) The hotel will not be liable because the guest is contributorily negligent.

Answer 2

A

Question 3

The Parkside Hotel took many precautions to protect the guests in case of fire. However, it failed to provide fire escapes as required by statute. The liability of the hotel in this case will be based upon:

A) Negligence
B) Negligence per se
C) Foreseeability
D) Assault

Answer 3

B

Question 4

Why have many hotels abandoned their pool slides?

A) The cost to maintain them is prohibitive
B) They present a great risk of injury to users
C) They are outlawed by statutes in most states
D) They are not popular with guests

Question 5

A guest tripped on a pile of debris that had been accumulating for several days in the hotel parking lot. True or false: The hotel will be liable to the guest for resulting injuries.

Question 6

A child was burned on his arms and stomach when a waiter dropped a cup of hot coffee. The child's mother, who was sitting on the opposite side of the table and was not in danger of being hit by the coffee, saw the incident and went into shock. If the mother sues the restaurant for her own mental anguish, what is the likelihood of her success?

A) She will be successful in most states.
B) She will not be successful in any state.
C) She will not be successful in most states, although some jurisdictions now allow a person in the mother's position to sue.
D) She will be successful in all states, provided the anguish was severe.

Question 7

A resort hotel rented bicycles by the day to its guests. Each morning before the bikes were rented out, and each night after they were returned, hotel personnel tested the bikes to be sure the horn, brakes, and other mechanisms were working properly. Once a week, each bike was thoroughly inspected and given a tune-up. While a guest was using one of the bikes, the brakes malfunctioned and the guest suffered an accident. Is the hotel liable for the injuries?

A) Yes, the hotel is negligent.
B) Yes, the hotel is an ensurer of guests' safety.
C) No, a hotel is not liable when its sporting equipment malfunctions.
D) No, the hotel is not negligent under the circumstances.

Question 8

A large hotel was full with an incoming convention. Housekeeping personnel were overworked in preparing the rooms for the guests and so did not clean as thoroughly as usual. A guest hurt her hand when she encountered a razor blade that had been left in a dresser drawer, and she sued the hotel. No similar accident had ever occurred at the hotel throughout its twelve years of business. Will the hotel be liable in this case?

A) Yes, the hotel was negligent and will be liable for the injuries.
B) No, the added demand on the hotel's services excuses it from liability in this case.
C) No, since no prior similar incidents had occurred, the hotel could not have foreseen the injury in this case and therefore is not liable.
D) No, since hotels are not liable for their guests' injuries unless the hotel staff intentionally causes the injury.

Question 9

Caitlin's room was on the ninth floor of a hotel. One night she wanted some exercise, so she walked to her room rather than take the elevator. The stairs on one of the upper floors were cluttered with housekeeping supplies. Caitlin tried unsuccessfully to avoid them and fell, hurting herself. She sued the hotel for injuries. Which of the following is a true statement?

A) Caitlin will be treated as negligent for failing to take the elevator to the ninth floor.
B) The hotel was negligent for failing to require that guests take the elevator.
C) The hotel was negligent for leaving clutter on the stairs.
D) Since the clutter was on an upper flight of stairs, the hotel could not be expected to foresee that guests would walk up that far and so was not negligent.

Question 10

Why have many hotels abandoned their pool slides?

A) The cost to maintain them is prohibitive.
B) They present a great risk of injury to users.
C) They are outlawed by statutes in most states.
D) They are not popular with guests.

Question 11

Due to a severe thunderstorm, the lights in a crowded restaurant went out. At about the same time a diner was bothered by a bout of diarrhea. He went to the bathroom, which was located down a flight of stairs. Due to the lack of light, the diner fell while descending the stairs and broke his leg. Was the diner negligent for attempting to go down the stairs in the dark?

A) Yes, everyone knows it is difficult to go up or down stairs in the dark.
B) Yes, injury resulting from such a feat is foreseeable.
C) No, the attempt to descend the stairs was not the proximate cause of the injury.
D) No, the stairway was the only way to reach the bathroom, and the diner had a need that could not wait.

Question 12

Rosie recently had reconstructive surgery on her face and nose because of a baseball accident. While she was a guest at a hotel, the heel on her shoe became wedged in a hole on an outdoor cement step, causing her to fall and land on her face. Because Rosie's surgery had not fully healed, her injuries were more severe than they would otherwise have been. The hole was caused by the deterioration of the cement. What is Rosie entitled to recover from the hotel?

A) Nothing, the hotel was not negligent in this situation.
B) Only money for the injuries that a person who had not had recent surgery would have sustained.
C) Full compensation for her injuries.
D) Out-of-pocket damages, but not compensation for pain and suffering.

Question 13

Concerning mirrors, hotels have a legal duty to:

A) Ensure they are always clean
B) Ensure they are placed in lighted areas
C) Ensure they remain securely attached to the wall
D) Install at least two in each guest room

Question 14

Erin, a guest at a resort hotel, rented a bicycle from the hotel. While riding the bike she was injured by a car driven by an intoxicated driver. Which of the following is true?

A) The hotel will be liable for Erin's injuries.
B) The intoxicated driver will be liable to Erin for her injuries.
C) Erin assumed the risk and therefore cannot pursue anyone for her injuries.
D) Erin was negligent for riding a bike in a locality she did not know well.

Question 15

In what room of a hotel does an innkeeper not have a duty to exercise reasonable care?

A) Card room
B) Public bathrooms
C) Meeting rooms
D) None; the innkeeper's duty to use reasonable care to protect its patrons applies in all rooms of the hotel

Question 16

Several children were running around the perimeter of a hotel pool. The lifeguard did not direct them to stop. One tripped on a wet spot and fell, causing two others to trip and injure themselves. Is the hotel liable for the injuries?

A) Yes, the lifeguard was negligent for not ordering the children to stop running.
B) Yes, the hotel should have mopped the area around the pool so no wet spot existed.
C) No, the children who are running are at fault, not the hotel.
D) No, the children assumed the risk.

Question 17

Heather, a guest at a hotel, was injured when she caught her foot in a hole in the pavement on an outdoor tennis court operated by the hotel. Which of the following is true concerning the hotel's liability?

A) The hotel will not be liable because Heather assumed the risk.
B) The hotel will not be liable because the injury did not occur inside the building that houses the guest rooms.
C) The hotel will be liable because it was negligent for failing to repair the hole or alert guests of its presence.
D) The hotel will be liable because the assumption of risk doctrine does not apply to sporting events.

Question 18

Consistent with common practice, the lifeguard at a hotel pool periodically adds chlorine to the water to ensure clean and healthful conditions. One afternoon, after adding the appropriate dosage, the lifeguard failed to return the chlorine to its normal storage place and instead left it near the base of the guard chair. Unknown to the lifeguard, a young swimmer saw the chlorine, drank some, and became very ill. True or false: The hotel will be liable for the injuries.

Question 19

A self-service elevator malfunctioned, causing a guest's injury. The problem was a hidden defect caused by manufacturer error. Who is liable for the guest's injuries?

A) The hotel
B) The hotel and the company hired by the hotel to maintain the elevator
C) The manufacturer
D) The manufacturer and the company hired by the hotel to maintain the elevator

Question 20

Robert was staying in a hotel room that did not have a full-length mirror. It did have a large mirror above the dresser in which he could see himself from the waist up. After he dressed to go out one evening, he wanted to check how his pants looked. To see himself, he stood on the end of the bed, which was across from the mirror. The bed collapsed, throwing Robert onto the floor and causing him injuries. Is the hotel liable to Robert?

A) Yes, it should have foreseen this type of misuse of the bed.
B) Yes, a hotel is an ensurer of its guests' safety.
C) No, this type of injury was not foreseeable.
D) No, Robert assumed the risk.

Question 21

The rule applied in determining the appropriateness of expert opinion testimony is whether the judge would be capable of understanding the complexities of the case.

Question 22

The beach along a half-mile stretch of ocean was infested with a species of fish that stings. True or false: The hotel owes no duty to its guests to inform them of the presence of the stinging fish.

Question 23

If a hotel has been the victim of property crimes (theft and burglaries) but not violent crimes against individuals, the hotel does not have to anticipate or protect against violent crimes.

Question 24

A hotel with a revolving door will be liable for all injuries that result from its use unless an attendant is on duty to oversee its use.

Question 25

To avoid liability, hotels and restaurants must make sure that there is no way for guests to injure themselves in any way on the premises.

Question 26

Gordon was visiting New York City on business. He asked his college roommate, who lived in New York, to join him at the hotel for dinner. While visiting Gordon, the friend fell on a loose board in the lobby floor. True or false: Since the friend is not a guest of the hotel, the hotel will not be liable for his injuries.

Question 27

If a hotel complies with all the safety requirements mandated by statute, it will not be liable for any injuries caused to guests from fire.

Question 28

A restaurant is aware of a beehive located near the front door. No bees have entered the restaurant. Removal will subject an employee to bee stings. True or false: Under these circumstances, the restaurant does not have a duty to remove the hive.

Question 29

Convention planners make arrangements with a hotel to cater a banquet dinner for 785 people. Due to unexpectedly high attendance at the conference, 1,000 people are registered for dinner. The hotel knew it could only fit 850 people comfortably in its dining room. True or false: If the hotel agrees to accommodate the extra people and someone is injured because the room is overcrowded, the hotel will be liable.

Question 30

The elevator in a two-story restaurant broke down, and a repair company was called to fix it. The repairs were done improperly, and a diner was injured when the elevator fell several floors. True or false: Only the repair company, and not the restaurant, will be liable for the injuries.

Question 31

A hotel is not required to offer its guests medical service.

Question 32

Outdoor light fixtures should be inspected ____________________ to ensure they are in good working order.

Question 33

When determining appropriate security measures, a hotel must consider not just prior crimes on its premises but also recent crimes in the general area.

Question 34

A plaintiff proved that she slipped on a fresh cherry on the floor of a restaurant in which she was having lunch. The restaurant proved that it exercised reasonable care in maintaining a clean floor. True or false: The plaintiff will win the case.

Question 35

The amount and types of security precautions required by a hotel are relative concepts that must be determined for each hotel based on all the relevant circumstances.

Question 36

A couch in a hotel room was quite worn, and a spring from the seat was poking through. Sarah, a guest, sat on the coach and was injured by the spring. True or false: The hotel is liable for Sarah's injuries.

Question 37

Mita was injured during a hotel fire. She sued the hotel for her damages. True or false: In evaluating whether the plaintiff was negligent, the relevant question is, did she act as a reasonable person would have acted under similar circumstances?

Question 38

A restaurant was located on the sixth floor of a building. Kim rode the elevator to the floor, intending to have lunch at the restaurant. When the elevator operator opened the door, the elevator was five inches below the floor, creating a step between the elevator and the restaurant floor. While exiting the elevator, Kim struck her foot against the elevator shaft, fell, and was injured. True or false: Kim should have observed the positioning of the elevator; if she sues the hotel for her injuries, her own negligence will negatively impact her recovery.

Question 39

The occurrence of a rape on a hotel's premises is conclusive evidence that the innkeeper was negligent.

Question 40

Jim returns to his room intoxicated after a night on the town. He was able to find the bed and crawled in. Soon after he fell asleep, some plaster from the ceiling fell, resulting in facial injuries. He sued the hotel for his injuries. True or false: Jim's intoxication should reduce the amount of damages the hotel will have to pay.

Question 41

To avoid injuries caused by unexpectedly hot shower water, the hotel should ____________________________________________________________________.

Question 42

Three precautions a restaurant or hotel should take to avoid injuries by guests on steps are ________________________________________, ________________________________________, ________________________________________.

Question 43

A restaurant that serves flaming dishes should carefully train employees on the following three matters: ________________________________________, ________________________________________, ________________________________________.

Question 44

Three parts of a window that a hotel should inspect regularly to avoid accidents include the ____________________, ____________________, and ____________________.

Question 45

A restaurant was sued when a diner was injured by a malfunctioning automatic entry door. If the restaurant can prove that it has a regular maintenance and inspection plan for the doors, it may be able to establish that it was not ____________________.

Question 46

Precautions a restaurant should take when waxing a floor include ____________________________________________________________________.

Question 47

A _________________________ is an obligation that cannot be transferred to another.

Question 48

A diner at a restaurant tripped and fell on an orange peel. To determine whether the restaurant is liable, you would need the following additional information: ____________________________________________________________________.

Question 49

The precautions a restaurant or hotel should take when allowing patrons access to employee-only areas include ____________________________________________________________________.

Question 50

A hotel with a revolving door should have an attendant at the door under the following circumstances: ________________________________________________________.

Question 51

When erecting unassembled furniture, hotel personnel should ____________________________________________________________________.

Question 52

To avoid accidents and liability caused when loose window panes fall, a hotel should ____________________________________________________________________.

Question 53

If repairs are being made in a restaurant, the restaurant should ________________________________________ the work area.

Question 54

A hotel that has experienced prior security incidents may be required to take more security precautions than another hotel because the prior incidents suggest that additional criminal activity is ____________________.

Question 55

The security measures a hotel might take to lower the risk of criminal activities include ____________________________________________________________________.

Question 56

Outside entrance doors to hotels can present security challenges. Two ways to help secure these doors are ________________________________________, ________________________________________.

Question 57

Workers at a hotel were painting a sitting room near the lobby. They did not post a sign warning people of the presence of paint and related paraphernalia, but they did verbally alert passersby. Two drawbacks to verbal warnings are ________________________________________, ________________________________________.

Question 58

Three precautions a hotel can take to avoid liability for occurrences in the lobby are ________________________________________, ________________________________________, ________________________________________.

Question 59

Concerning the bottom of a wading pool, to avoid liability a hotel should ____________________________________________________________________.

Question 60

A hotel provided the service of a doctor to sick guests. While tending to a guest, the doctor misdiagnosed certain symptoms. Unrelated to the misdiagnosis, the guest died the next day of a heart attack. If the guest's family sued the hotel for negligence (malpractice), they would not be successful because they would be unable to prove _________________________.

Question 61

The reason some hotels forbid the use of surfboards, floats, or other swimming toys is ____________________________________________________________________.

Question 62

A hotel with a revolving door should have an attendant at the door under the following circumstances: _______________________________________________________.

Question 63

A shepherd's crook, or life pole, as required for hotel pools by ordinances, is a pole with ________________________________________.

Question 64

Three precautions a restaurant or hotel should take to avoid injuries by guests on steps are _____________________________________________, _____________________________________________, and _____________________________________________.

Question 65

A hotel experienced several false fire alarms in the past few months. If the alarm goes off again, the clerk or other person in charge of the alarms should _________________________________________________________________.

Question 66

The Nimark Hotel has lakefront property that is used by guests for swimming and boating. Three precautions the hotel should take to avoid injuries to guests and liability for itself are ________________________________________, ________________________________________, ________________________________________.

Question 67

When a guest sues a hotel for injuries caused during a security incident, various factors will be reviewed to determine if the hotel's security precautions were adequate. Three such factors are ________________________________________, ________________________________________, ________________________________________.

Question 68

Workers at a hotel were painting a sitting room near the lobby. They did not post a sign warning people of the presence of paint and related paraphernalia, but they did verbally alert passersby. Two drawbacks to verbal warnings are ________________________________________________ and ________________________________________________.

Question 69

If repairs are being made in a restaurant, the restaurant should _____________________________________________ the work area.