A 29 year old woman who was sharing a hotel room with two other women went into the bathroom to take a shower.The others sharing the room heard strange moaning sounds and went into the bathroom to see what was wrong.They found her flailing about in the bottom of the tub with hot water pouring from the faucet (not the showerhead).

She received third degree burns (deep burns that are charred nearly white) over 35% of her body, primarily on the left side which had been immersed in three to five inches of hot water.Today she has no recollection of the specifics of the incident and how she ended up in the bottom of the tub.

1. Basis of action of plaintiff against the hotel.

a.Discuss thespecific legal basisfor seeking damages.

b.Why would the plaintiff be entitled to recover damages?

2.How might the hotel defend its position or actions?

a.Discuss thelegal basisof a possible defense.

b.What factors not discussed in the summary of the incident might provide a valid defense?

3.What steps might management have taken that may have prevented a legal issue?