While driving to visit friends in Baltimore, Chris was caught in a sudden blinding snow and ice

storm. Chris pulled off the road in Howard County, Maryland, to seek emergency shelter for the

night. Chris found a hotel near the exit of the Interstate, and drove into the parking lot to get a

room to wait out the storm. Only the part of the parking lot directly in front of the hotel and the

covered sidewalk by the front entrance were shoveled and relatively clear of ice and snow. The

rest of the parking lot and sidewalks were untreated, and were covered with several inches of

ice and snow.

Chris left his dog, Tray, in the car while Chris registered for a room. Chris asked the desk

clerk for a room near an exit to the parking lot so that it would be easy to walk Tray and to move

suitcases into and out of the hotel. Although it was against hotel policy to assign rooms at the

far end of the hotel in inclement weather unless all of the rooms close to the core area of the

hotel were filled, the clerk assigned Chris to a room at the far end of the hotel after Chris

insisted that the requested location was essential. The Clerk reminded Chris that the parking lot

and sidewalks were untreated, and advised Chris to walk carefully.

Chris parked the car near the exit at the far end of the hotel, and Chris walked Tray into the

hotel. As he took Tray in, Chris slipped on the ice all the way back to the hotel. Chris went back

outside to unpack the car. On the way back to the car, Chris slipped and fell on the ice and

suffered a broken arm that required surgery.

Chris wants to file a law suit against the hotel. Please answer the following:

1. What type of cause of action/tort should he file and what should he allege in his

law suit?

Week 3-Unintentional Torts (Negligence)To be successful in a negligence lawsuit, the plaintiff must prove that:1. The defendant owed a duty of care to the plaintiff2. The defendant breached the duty of care3. The plaintiff suffered injury4. The defendant's negligent act caused the plaintiff's injury5. The defendant's negligent act was the proximatecause of the plaintiff's injuries

Proximate Cause Proximate Cause (legal cause)-Under the law, a negligent party is not necessarily liable for all damages set in motion by his orher negligent act-The law establishes a point along the damage chain after which the negligent partyisnolongerlegallyresponsiblefortheconsequencesofhisorher actions

2. Can he prove each of the tort elements necessary to be successful in his law suit?

Why or Why not? (Note: You must provide an analysis on each of the elements

necessary to bring the type of law suit)

3. What affirmative defenses does the hotel have, if any? (Note: You must provide an

analysis of any potential defenses)