Hotel Liability

AuthorJeffrey Wilson
Pages1385-1391

Page 1385

Background

Hotel guests should be aware of certain laws and regulations or policies that could impact their visits. Special concerns affect the "hospitality industry" because its establishments hold their property open to the public at large. For hotels (collectively referred to as "innkeepers" under many state laws), duties owed to the public at large are based on the historic consideration that when weary travelers reached wayside inns as night approached, they were not to be arbitrarily turned away into the dark (the roads were filled with robbers) or otherwise subjected to the arbitrary mercy of the innkeeper with regard to prices or adequacy of quarters. Modern innkeepers' laws are mostly based on old English common law.

Key Points to Remember

Hotels are not liable for every accident or loss that occurs on the premises, nor do they insure the absolute safety of every guest.

Hotels have a general duty to exercise "reasonable care" for the safety and security of their guests.

Hotels have a general duty to reasonably protect guests from harm caused by other guests or non-guests.

Hotels have an affirmative duty to make the premises reasonably safe for their guests. This obligation includes a two-fold duty either to correct a hazard or warn of its existence. The hotel must not only address visible hazards but must make apparent hidden dangers or hazards.

Hotels are not liable for harm to person or property unless "fault" can be established against the hotel.

Page 1386

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.

Hotels may generally evict registered guests for a variety of well-established reasons.

Hotels may retain personal possessions of evicted guests as security for room charges.

Hotels are generally not required to have lifeguards on duty at hotel swimming pools, except by state statute. However, conspicuous "No Lifeguard" warning signs are minimally required.

Hotels are generally not liable for valuables that are not secured in the hotel safe, if conspicuous notice is posted.

Hotels are generally not liable for harm to guests caused by criminal acts of others, unless hotel fault is established.

Hotels may generally limit their liability for losses if conspicuous notice is given to hotel guests.

Authority

The federal government has limited involvement in the private relationships between hotels and guests.

Title 42 of the U. S. Code, Chapter 21, Subchapter II (Public Accommodations) makes prohibited discrimination under the Civil Rights Act of 1964 applicable to "any inn, hotel, motel, or other establishment which provides lodging to transient guests."

Under a phase-in provision, hotels must meet the requirements of the Americans With Disabilities Act (ADA); any new or renovated hotel facility must comply with the Act's mandates for public access and/or removal of physical barriers.

The Hotel and Motel Fire Safety Act of 1990 (as amended in 1996) imposes additional safety requirements upon hotel facilities above and beyond those found in local building codes.

Generally, most day-to-day liability issues affecting hotels are based on early English common law theories of contract and tort (negligence). States are free to enact their own statutes regarding innkeepers' rights and duties, so long as they do not abridge federal rights and most states have done so. Waivers or limitations to liability are also generally permitted, where not deemed "unconscionable" in law or fact.

Duty to Receive Guests

The very first and most important "public duty" of the hotel is the duty to receive guests. But the duty is not absolute and is subject to lawful excuses. Hotels may generally deny accommodations to a prospective guest for the following reasons:

if the person is unwilling or unable to pay for a room or other establishment privileges

if the person is visibly under the influence of alcohol or other drugs or creating a public nuisance

if the person's use of a room or accommodation would violate the facility's maximum capacity

if the innkeeper reasonably believes the person will use the room or facility for an unlawful purpose

if the innkeeper reasonably believes the person will bring in something that would create an unreasonable danger or risk to others

Generally speaking, to avoid liability for refusal to receive a prospective guest, hotels must reasonably believe a person is unable or unwilling to pay, plans to use the room or premises for an unlawful purpose; or plans to bring a potentially dangerous object onto the premises.

Guest Reservations

Most hotels have well-established policies for making, confirming, and holding reservations placed by prospective guests. A confirmed reservation generally constitutes a binding agreement (in essence, a "reservation contract") between the hotel and prospective guest. If the guest fails to use the reservation, the hotel is generally entitled to damages. On the other hand, if the hotel breaches a reservation contract, the guest can sue the hotel for damages. If the hotel actually has accommodations available but fails to supply them as agreed, it may be liable for breach of its duties as an innkeeper.

Page 1387

Hotel overbooking often presents problems, and many hotels have adopted a pledge that requires their assistance in securing comparable accommodations, if, for any reason, a room should not be available for a patron who holds a valid confirmed reservation. A few states have enacted legislation that addresses hotel overbooking. Florida's law, for example, makes the hotel responsible for "every effort" to find alternate accommodations and up to a $500 fine for each guest turned away because of the overbooking.

Right to Evict Persons Admitted as Guests

Hotels may generally evict a guest and keep the room rental payment, despite the eviction, for the following reasons:

disorderly conduct

nonpayment

using the premises for an unlawful purpose or act

bringing property onto the premises that may be dangerous to others

failing to register as a guest

using false pretenses to obtain accommodations

being a minor unaccompanied by an adult registered guest

violating federal, state, or local hotel laws or regulations

violating a conspicuously posted hotel or motel rule

failing to vacate a room at the agreed checkout time

Generally speaking, to avoid liability for...

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