Read first (Questions at the end)

INCIDENT

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.

Make a written analysis of the potential case.This should include:

1. 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?