Every year, thousands of hospitality businesses face lawsuits of varying degrees of legitimacy. The principles of negligence are used to determine and apportion liability. The party advancing the principle has the burden of proving, on a balance of probabilities, the elements relied upon. Hospitality operators should review periodically the duties arising by the nature of their business, property, and guests, and determine how best to meet those duties.

1. What are the four elements of negligence?

2. What do you think is the most difficult element to prove? Why?

3. Using two examples relating to the hospitality or travel industries, describe how " res ipsa loquitur" might assist a plaintiff in proving negligence.