3.shelly injured herself when she slipped and fell on a loose plank while walking down some steps that the hotel had repaired the day before. The night before, while entering the hotel, she had noticed that the steps were dangerous, and although she knew from her earlier stays at the hotel that another exit was available, she chose that morning to leave via the dangerous steps. The hotel was aware of the hazard, as one of the other guests who had fallen that night had reported his accident to the desk clerk then on duty. Still, there were no cautionary signs on the steps to warn of the danger, and they were not roped off or otherwise excluded from use. shelly brought an action in negligence against the hotel for injuries she sustained as a result of her fall. The hotel raised a defense. Decision?
i am thinking that this is contributory negligence but am not too sure..
help plz
2007-11-25 14:17:36 · 6 answers · asked by karah j 1 in Politics & Government ➔ Law & Ethics
I'd love to read the Affirmative Defenses the hotel gave in its Answer to Plaintiff's Complaint at Law. It is not contributory negligence. The hotel knew or should have known that they were creating a hazard to their guests by 1. not warning and 2. not sealing the area off. It doesn't matter if she knew or not. It is the burden of the hotel to keep its guest safe from reasonable harm. It is not the burden of the guest to find an alternate route. Any guest has the reasonable expectation to enjoy safety. This is not a simple Slip and Fall matter.
2007-11-25 14:25:31 · answer #1 · answered by ≤ Flattery Operated © 7 · 0⤊ 1⤋
I am far from being a lawyer but the motel/hotel has an obligation to protect its clients from harm due to unsafe conditions on their premises. Regardless if she knew or not she should expect that the condition would not exist indefinitely and would be repaired in a timely manner. If that could not be the case then she had every right to expect that the motel/hotel would have cordoned off the area. The hotels failure to cordon off the area after being informed is negligence on their side. Therefore it is not contributory at all.
2007-11-25 22:28:11 · answer #2 · answered by Charlotte 2 · 0⤊ 0⤋
Contributory negligence, exactly. While the hotel may be liable for exposing Shelly to a potentionally dangerous step, Shelly knew it was there ahead of time, which means even if she is entitled to damages, they would be mitigated by her decision to walk on a step she knew to be hazardous.
2007-11-25 22:23:20 · answer #3 · answered by No Shortage 7 · 1⤊ 0⤋
its the hotels fault. thats a risk all business owners take. in this case, because shelly was paying for a hotel room, she is essentially a costumer. and the law will generally lean towards the unsatisfied customer
2007-11-25 22:23:44 · answer #4 · answered by Ana 2 · 0⤊ 0⤋
I think the hotel will lose because there were not signs or ropes.
2007-11-25 22:20:54 · answer #5 · answered by Anonymous · 0⤊ 0⤋
she knew the stairs was not safe.she should take responsibility for her own decision. reporting it was a good idea.if it was me i would have used better judgment and went out the other way. some common sense please.
2007-11-25 22:27:51 · answer #6 · answered by undercover angel 4 · 0⤊ 0⤋