Vazquez v. Omni Hotels Management

Diana Vazquez was staying at the Omni Hotel in Chicago, Illinois with her family to attend the Blackhawks celebration parade. While at the hotel, she went outside on the sundeck terrace patio. During the rare warm months in Chicago, guests like Ms. Vazquez routinely access the sundeck terrace. As she was walking to meet her daughter, Vazquez tripped and fell on a raised paver on the terrace. She later testified that the paver she tripped over "was not out of the slot. It was not noticeable." She also noted that the portion of the paver that she tripped over was "uneven." She estimated the height variance between the paver and the sundeck terrace surface to be less than 2 inches; or, more specifically, 1 inches to 1 inches.

Vazquez's daughter testified that she saw one side of the paver lift as Plaintiff stepped on it, causing her to lose her balance and fall. Before the incident (and presumably afterwards as well), Omni employees inspected the sundeck terrace pavers during walk-throughs twice a week, every Tuesday and Thursday. The director of engineering at Omni stated that since he became director about a year before the incident, he had not received any reports or complaints about the pavers from employees during the walk-throughs or from hotel guests. According to the director, none of the routine inspections revealed any defect in the condition of the pavers. A search of the hotel's computerized record of work requests yielded no results for any maintenance issues involving the pavers. The director also reported that, other than routine maintenance, the pavers had not needed to be repaired or replaced during his tenure.

However, one Omni employee testified that he had addressed a situation in which the pavers on the terrace at the hotel were uneven but did not recall specifically when he had done so. He testified that any record of such an issue could only be in the hotel's computerized system, but he was not sure if a record existed. Following Vazquez's fall, Omni employees observed the area beneath the paver, and the engineering department "took a look" at the tiles on the terrace. No record was kept of any investigation or subsequent follow-up.

Did Omni Hotel act reasonably prudent?

1. Take a position
2. Give 2-3 arguments in support of your position.
3. Identify 1-2 counter-arguments.
4. Explain how you overcome the counter-argument(s).
5. Conclude