Canadian Law

Case Study

Read the following cases and answer the questions which follow

Case I

H suffered an ankle injury when she fell at the foot of an outside staircase beside the hotel that she worked. The poorly lit staircase went down a steep slope; at the base was a concrete slab. H had previously worked at the hotel and had used the staircase without incident at least 25 times. The staircase had been used extensively by the public for more than eight years without incident. The trial judge found that H had failed to take proper care to ensure her own safety.

1. Is the Hotels guilty of negligence and putting staff and guests at risk?
2. How can the organization take steps to reduce these risk as it pertains to the property.

Case 2

The plaintiff contracted typhoid fever a week after eating food that he had consumed as a guest attending a wedding reception catered by the defendant. The source of the disease was a typhus-carrying employee of the defendant. Thedisease was transmitted to the food when the carrier failed to wash her hands after using the bathroom.

1. Is the defendant guilty of negligence?
2. What are the food service organization's responsibilities as it relates to food safety?
3. How can the organization take steps to reduce these risk as it pertains to food safety.

Case study 3

Michael Wallace was graduating from Algonquin College's two-year Hotel and Restaurant Management program. It had been a challenging three-and-a-half years of school but he had finally met all the requirements. His parents had promised him a party "not to forget" upon graduation. Accompanied by his parents, he met with the banquet and party planners for the Ajax hotel. The event was planned for the second weekend in May. The hotel would cater the party. The hotel Manager indicated that he could not promise that the pool in the courtyard would be ready for a gathering that early in the season. The big day came and the weather was glorious. The party was held in a pool-side suite. The guests started to assemble just after noon. An Issue developed between Michael's parents and the events manager when the bill was presented. The agreement was that the hotel cater for fifty guests, however only 40 guests showed for the event. Michael's parents argued that they should not be charged for fifty as only forty persons showed up and they cannot pay for persons who didn't eat. In addition, it was not their fault that the guests confirmed they were going to show up and then didn't. The event s managers' argument is that they provided for the number of meals that were confirmed.

Later that evening, at about 10:30, Mimi, Michael's girlfriend for the last seven years, called him to join her in the pool. Mimi was crouched in the shallow end of the pool attempting to keep her shoulders out of the cold night air. Michael ran to the pool and dived in without looking, hitting his head on the bottom of the pool, rendering him a quadriplegic. The depth markers for the pool were not evident. Michaels family has brought a case against the hotel for his injuries. Michael testified that he did not see the markers.

1. What risks has the property had to deal with in this case?
2. How has the property dealt with these risks
3. Considering the occupiers liability act the innkeepers act and negligence comment on the property's handling of the risk.
4. Outline the proper steps that the hotel should take to handle such risks