Liabilty question??

Question

Mr. Someone parked at the hotel and ate at the hotels restaurant before attending local footbal game and does this every year for the past several years. On one occasion he meets his son and nephew for a pregame meal. As they leave for the stadium, Mr. Someones son led the way out fo the hotels doors, while walking and talking with each other. Mr. Someone then walks through a glass panel to the left of the glass doors, shattering the panel and cutting his left hand. The hotels entrance has 2 glass doors sperated by a 45-inch wide glass panel. One glass panel is 4 ft wide by 9 ft high & were situated by either side of the door. The glass is tinted brown. The panels had metal frames. Decorative plants are normally in from of panel but not on this day. After accident, the hotel spent 75.00 and installed horizontal rails across panel - I am needing to see if the hotel is negligent in this case or is it Mr. Someones fault?

Answer 1

No, the person who hit the door knew the door was there (he came in it right?) and was negligent for not paying attention.

Answer 2

No, the hotel is not negligent, unless the foyer was unreasonably dark or there was some othe factor under their control that made the glass panel essentially invisible.

Answer 3

yes the hotel has recognised the need for somthing in front of the glass panels. Removing them was a negligent act, this is further evidenced by the addition of bars.

sounds like a fairly strong case

Answer 4

I would think the parties are 50/50. The man bears some responsibility because he had been to the hotel before and should have been aware of where the door was.

Answer 5

I think that a person has to be aware of their surroundings, and bears fault when he is not paying attention.
The hotel chose to place the bar to prevent having to keep replacing their window when people are not paying attention.

Answer 6

When the answer is not clear then people go to court for a decision.
That's where you get the final answer.