Question
For each incident, create a written analysis of the potential case.Each case analysis should include: Basis of action of plaintiff against the hotel. a.Discuss the
For each incident, create a written analysis of the potential case.Each case analysis should include:
- Basis of action of plaintiff against the hotel.
a.Discuss the specific legal basis for seeking damages.
b.Why would the plaintiff be entitled to recover damages?
2.How might the hotel defend its position or actions?
a.Discuss the legal basis of 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?
INCIDENT 1:
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.
INCIDENT 2:
A 20-month-old child recently fell seven stories from a balcony of the Pompano Beach, Florida Quality Inn.The child survived the fall.The plaintiff charged that the corroded railing gave way on the balcony.Experts have said that salty sea air can rapidly eat through the metal railings that line thousands of hotel balconies in South Florida beachfront hotels.
Warnings had been placed in all of the guestrooms advising people to stay away from the railings and to supervise their children.
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