Question
Present a report of the given case along with some relevant references . The plaintiff attended a bridal shower that was held at the defendant's
Present a report of the given case along with some relevant references .
The plaintiff attended a bridal shower that was held at the defendant's dance hall. She paid an admission fee and sat at a table chosen by her friends. She left the table to get some snacks. On her return, she slipped on the linoleum dance floor. She had remarked to her friends that the dance floor was slippery, but had not complained to the defendant's staff. She adduced expert evidence of two engineers to demonstrate that she had fallen because the dance floor had a lower slip coefficient than required. She argued that the defendant had breached its duty to her as a contractual entrant to the premises. The action was dismissed. The duty owed to her by the defendant was not absolute, but one of reasonable care. The evidence did not establish, on a balance of probabilities, any negligence or breach of contract on the part of the defendant. There was no evidence that on the night of the mishap (as opposed to when the experts tested it) the slip coefficient of the dance floor was less than required. Even if it had been, there was no evidence that the condition of the dance floor had caused the plaintiff to fall. The cleaning and maintenance procedures followed by the defendant were appropriate. The premises were reasonably fit for the purpose intended. Further, the defendant was not required to post signs warning that the dance floor might be slippery.
Patrons should never be served alcohol if they show signs of intoxication. Inebriated guests can be escorted to their rooms. Other customers pose more difficult problems. Depending on the circumstances, they can be sent home by taxi or given a room for the night, even if the hotel does not expect to be paid for the room. Granting free use of a perhaps otherwise unoccupied room may prove far less costly than a lawsuit for injuries sustained subsequent to the departure of the impaired patron from the establishment.
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