HTM450 - Hospitality Law Management

Individual Case Analysis Assignment (Paradise Inn)

In early April 2019, a student would be graduating from an Ontario 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 for his graduation.

The student and his parents met with the banquet and party planners for The Paradise Inn, which was well known in the area.The event was planned for the second weekend in June. The inn would cater for the party.

The big day came and the weather was very warm and sunny. The party was held in a pool-side suite and everyone had a wonderful time.

That evening, after the party, at about 10:30, the student and his girlfriend decided to go for a swim in the pool.It had been a very warm day, so when they decided to go for a swim, the student was excited, ran to the pool and dived in without looking.He hit his head on the bottom of the pool and suffered serious head and neck injuries.

Although there were depth markers indicated, according to the student plaintiff, he did not see any depth markers for the pool nor did he look for them. The plaintiff sued for damages and for past and future health care costs as he began to recover from the injury. The lawsuit named The Paradise Inn and two employees in the claim.

Answer the following questions regarding this case.Add space as needed.

1.You have been hired to be the lawyer for the injured plaintiff.Identify four (4) important risks the company needed to manage for participants. For each risk, identify one action the company needed to take to limit that risk. (8 marks)

2.As the lawyer for the plaintiff, you would need to prove the four elements of negligence.For the four elements below, state whether you would be able to prove each of the elements by indicating Yes or No for each.Then explain why or why not for each. (12 marks).Add space to the table as needed.

Yes or No / Why or Why Not

Duty of Care=

Breach in the Standard of Care=

Causation=

Damages=

3.Now, you are the lawyer for the company. Would a waiver have made a difference? Explain why or why not. (4 marks)

4.You are now the judge and must make a decision on the case.Who do you think is responsible for the injury in this case?Using legal concepts and terms we have learned about, explain in detail why you think so. (6 marks)