Chapter 11: Protection of Guest and Their Property Flashcards
Absolute Liability Rule
common law judges imposed ABSOLUTE LIABILITY . it does not matter whether the innkeeper has exercised all due care and is not negligent
Absolutely Liability Rule relationship
innkeeper-guest relationship
not the same a relationship as a restauranteur or landlord
Three Exceptions to the Absolute Liability Rule
guest own negligence
acts of public enemies
act of god
Public Enemies
a person or a group who is recognized as an adversary of the gvernemtn in times of war on terrorism.
Act of God
hurricanes floods tempests lightning strikes avalanches earthquakes
Infra Hospitium
within/on the premise of the inn
includes all limos belonging to the inn/engaged by the inn
includes stables, parking lots and garages
Statutory Limitations
legislation has been enacted to soften the harsh effect of absolute liability on innkeepers/ protect them from fraudulent claims
liability limits are set by posting notice
innkeeper must be in compliance w the statue. then common law prevails
Exceptions to Statutory Limitations
occur upon the default, neglect or wilful act
Disclosure of Values
if a guests valuable or the amount of $$ is excessive, outside storage at a bank may be suggested
Express deposit
when leaving the property w the hotel for safekeeping the guest must make the hotel aware of the value and need for custody
Posting Requirements
innkeepers who fail to abide by the statutory posting of limited liability requirements will not be protected by the statute
postings must be conspicuous and must include the amount of limitation
Seller’s Samples
liability of innkeepers appliers only to personal use items of the guest, UNLESS
notifies the hotel the samples are being brought in AND
provides the value
Equitable Estopple
innkeepers are prevented from relying on the statutory limitations if the innkeeper/employee informs the guest that:
hotel will be responsible for the full value
there is no need to use the vault since the rooms are safe and secure
can be prevented by having a disclaimer which limits the employee’s authority to bind the hotel
Guest Conduct
guest negligence can eliminate/reduce the innkeepers liability
failure to provide info at the time of an express deposit may also reduce or negate the liability of the hotel
Categories of property left behind
lost: involuntarily separated from owner
mislaid: owner knowingly placed it somewhere then forgot it
abandoned: the owner has give up ownership of the property
Right to Guets Rooms (2) Considerations
right to privacy
right to exclusive use of the room
Insurance (4)
fire insurance
theft insurance
business interruption insurance
public liability insurance
Property of Non-Guests
no innkeeper-guets duty w respect to property
statutory limitation on liability of an innkeeper does not apply
unless negligent then tort law will apply
Bailment
is the temporary transfer of physical possesion (not title) from bailor to bailee
duty owed by IK to a guest higher under common law (lower due to statute) than this agreement (bailor/bailee)
Elements of Bailment (4)
bailment applies to personal property
bailor transfers physical possession of the property
bailee acknowledges receipt of the property
there is an express or implied agreement that the property will be returned to the bailor upon request
Types of Bailment (3)
Gratuitous Bailment
Bailment for the sole benefit of the bailee
Bailment for hire
Gratuitous Bailment
bailee recieves no benefit/compensations. only required to excercies a slight degree of care, unless negligent
Bailment for the sole benefit of the bailee
bailor receives the property, who may then use it. HIGH degree of care is owed by the bailee
Bailment for hire
mutual benefit for both parties
Liability in Bailment Cases (4)
Must Establish the Following:
1-property was delivered to the bailee
2-the bailee accepted the property
3-property was not returned/not returned in the same condition
4- bailee breached the duty owed to the bailor
Property Concealed Inside Bailed Property
bailee is only responsible for property that he/she is aware of
