Question
Watch the two videos. Use the videos to develop an understanding of the concepts of negligence, the Americans with Disabilities Act (ADA), and reasonable accommodation.
Watch the two videos. Use the videos to develop an understanding of the concepts of negligence, the Americans with Disabilities Act (ADA), and reasonable accommodation. In addition, read the brief paragraph below to understand the concept of standing and deepen your understanding of how the ADA applies in a real-world setting. Lastly, read the Henry Mu v. Omni Hotel case. Summarize what you learned from the case and how you would apply it in a management situation.
ADA/Standing Brito v. Wyndham Hotels and Resorts, LLC, 2018 WL 317464 (D. Colo., 01/08/2018). Plaintiff is a paraplegic and requires the use of a wheelchair to ambulate. While at the defendant's hotel, he encountered multiple violations of the Americans with Disabilities Act (ADA) that affected his use and enjoyment of the premises, and sued. The hotel challenged the plaintiff's standing. To establish standing, a plaintiff must show, inter alia, that he suffered an injury in fact. To prove that, the plaintiff must establish a likelihood that he will return to the defendant's premises. Factors a court considers are the proximity of the business to the plaintiff's residence, the plaintiff's past patronage of the business, the definitiveness of the plaintiff's plan to return, and the plaintiff's frequency of travel near the defendant. In the complaint the plaintiff stated he lives in the same county as the defendant, he has frequented the defendant's hotel for "pleasure purposes," he was a guest at the premises for a two-day stay, and he alleges an intention to return within four months. This constitutes a personal stake in the outcome to constitute standing and avoid dismissal of the complaint.
Videos:
1. https://www.youtube.com/watch?v=gN9b3sMEpfo
2. https://www.youtube.com/watch?v=dWNcp2xYa04
Read:
Henry Mu v. Omni Hotels Management Corporation. Summarize what you learned from the case and how you would apply it in a management situation.
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