Cengage Advantage Books: Law for Business 18th Edition by John Ashcroft ,Janet Ashcroft

Exercise 15

Ivry Roth, seventy-five years old and using a walker, was a guest at the New Hotel Monteleone. Arriving at the hotel via its main Royal street entrance, Roth received assistance from the bellhop to climb steps in the foeyer to the lubby. During Roth;s stay, he exited and entered the hotel through the Royal Street entrance approximately twice a day with assistance of hotel personnel. On the third day, Roth fell while attempting to descend the lobby steps. He had decided to descend the steps alone because the hotel staff was busy assisting other guests. Roth sued the Meteleone, alleging it was liable for the injury he sustained. He testified, "I didn't wait long at all. I waited a few minutes, there was nobody there, and I started down." He said the Mentoleone staff did not advise him that there was a handicapped entrance and there were no signs at the main entrance to indicate that a handicapped entrance existed; however, he knew about the handicapped entrance but opted not to use it. Should the hotel be liable?