M6D3

Maggie and Carol had been driving for nine hours and decided they needed to stop at the next motel to get some sleep before their journey. Ten minutes later, they saw the Walking Dead Motel. They stopped and registered for a room. Another motel guest, Hershel, was eating at the restaurant across the street. Later that night while Hershel was in his room, he opened the bedroom window and went to sleep. During the night, a prowler named Rick pried open the screen, entered the room, and stole Hershel's property. Hershel sued the motel. The motel asserted that it was not responsible for property in Hershel's possession and that he had been contributorily negligent in opening the window. Could Hershel recover damages? Will the outcome be the same under common law versus statutory law/?