TIM
TIM 301 EXAM 2 QUESTIONS WITH CORRECT
VERIFIED SOLUTIONS 100% GUARANTEED PASS
What does foreseeability mean? - ANS ✓• Foreseeability: Test: Is it
foreseeable? Hotel foresee possible criminal activity but does nothing to prevent
from happening again
• Common sense a lot of times. You have to inspect. Because its foreseeable, it
doesn't matter if you check every hour and someone slips, its foreseeable so if
you have food in a restaurant in a store, someones going to slip and fall.
• Duty to guests to check that the whole premises is inspected and safe.
What is the duty owed to a guest in a public area? - ANS ✓• Keep it clean, safe,
and sanitary; chair is working, windows are secure with screens if there are
insect problems, electrical plugs are checked, ensure guests know how to use
shower, elevators work, walkways are clear of debris, outside when its raining,
what do you do with steps (especially marble),
• Frequent and regular inspections should be made to ensure the walkways are
not blocked by suitcases or similar items, the rugs have no bumps or holes, the
furniture is in good condition, not intruders, debris is picked up, and the lobby is
generally in good order
• When hotel employees are repairing or cleaning the floors or furniture, they
should place barriers around the work area to protect guests from related harm
What is the duty of a hotel to a guest in a hotel room? - ANS ✓• Cleanliness of
hotel rooms
• Furniture used by guests is sometimes abused or just wears out. Hotels or
restaurants must regularly inspect the furniture and discard any that is no longer
suitable. Failure to do so will result in liability.
• Same duty to inspect for defects and remedy them exists in regard to windows
and screens
• Electrical and heating devices must be maintained in good working order
TIM 301
, 2
TIM
• Hotel must inspect, discover, and remove pests.
• Housekeepers should be instructed to examine the bathroom fixtures routinely
and turn on the water in the shower and sink and let it run a bit
What is the duty owed in a hotel restaurant/dining room? - ANS ✓• Gotta
inspect, worst thing is things falling on the floor (food) that people can slip on.
Everything should be at standard temperature, compare to industry averages, for
example coffee too hot; sweep log/bathroom check log,
What is the duty owed to a guest outside the hotel? - ANS ✓• Jogging paths,
walking paths have to be well lit, gotta be secure so people don't get robbed;
sweep log
• When invitees use the sidewalk of a hotel or restaurant, they have the
responsibility to exercise care where they walk
• If they trip and fall due to an obvious obstruction or defect, the hotel or
restaurant will not be responsible.
• Outdoor lights are an important aid at night to guests seeking to negotiate the
parking lot and areas surrounding a hotel or restaurant
What is the duty owed to a guest within the swimming area? - ANS ✓• Depth
markers, swimming devices; life-saving devices; make sure when you say pool is
closed at 8; make sure its locked, have signs that says no lifeguard, swim at your
own risk
• Swimming pool accidents can be caused by wet floors, unsafe diving boards,
inadequate safety equipment, horseplay, inadequate supervision
• The hotel is only liable if it fails to exercise reasonable care
What is the duty of an oceanfront/lakefront hotel? - ANS ✓• Hotel in front of
a ocean/lake does not have a duty to inform guests of the dangers in the
ocean/lake (assuming you don't own it); you don't have a legal duty to warn,
ethically you should.
• In Hawaii, you do have a duty.
TIM 301
, 3
TIM
• If a hotel with a waterfront property erects an entertainment facility for guests
utilizing the water, it must warn of any related risks and prohibit inappropriate
use.
• Lake: If a hotel invites its guests to swim in a natural body of water, the inn's
duty of reasonable care requires it to inspect the bottom for dangerous objects
and, if any are
• If hotel creates a walkway that allows guests to access the water, the duty of
care owed to guests include maintaining any such walkway in a reasonably safe
condition
What is a hotel/restaurant's duty in the important circumstances of fire,
security, and medical treatment? - ANS ✓• Follow it/maintain it. safety devices
(e.g. fire extinguisher) checked periodically to make sure that its not expired and
that it works. If fire alarm goes off, call 911 because even if its not a real
emergency, if it is one you could be negligent. If you do not put out/prevent the
fire and it causes damage to the neighboring building, then youre liable for that
building.
What are the requirements for medical care for our hotel/restaurant in
regards to patron/guest? - ANS ✓• Hotels and restaurants are not required to
offer its patrons medical services
• The hotel's legal duty is to provide the guest with such first aid as it reasonably
can, and summon qualified assistance usually by calling 911
• Duty is to summon aid and, until aid arrives, provide such first aid as the
facility's employees are reasonably capable of giving.
• If a hotel chooses to offer heath services, it must exercise reasonable care in the
selection of medical personnel and in the provision of its services
What is the hotel/restaurants duty in regard to security? - ANS ✓• Any
business that invites the public onto its premises must take reasonable steps to
guard against risk of assaultive behavior
• This duty does not extend to unforeseeable or unexpected criminal acts by third
persons
• If the facility is in a high-crime area, or if the facility or its patrons have been the
victim of criminal activity, the restaurant or hotel should, for the purpose of
defining its legal duty, anticipate additional criminal activity in the past.
TIM 301