HTM 411 EXAM 2 QUESTIONS AND ANSWERS
1. Describe the duties owed a guest in hotel and given an example determine if the hotel will likely be
held liable for an injury related to the following areas: - CORRECT ANSWER✅✅clean rooms, bed chairs
and seats inspected and maintained regularly, windows, window fixtures maintained and safe, electrical
and heating hazards, water faucets and showers in good working conditions, keep guests safe from
animals and insects, hand bars and rails properly installed, bathroom doors installed and maintained, in
room hot tubs and whirlpools heated correctly
2. Describe the duties owed to individuals and given an example determine if the hotel will likely be held
liable for an injury related to the following public areas: - CORRECT ANSWER✅✅lobby should be
frequently inspected, elevators are cared for and maintained, escalators, doors, and stairways regularly
exaimined
3. What are the risks associated with serving flaming foods? What precautions should a restaurant take
when serving them? - CORRECT ANSWER✅✅Must carefully train its employees on how to prepare and
serve the food safely and how to use the related cooking devices and what to do if there is a fire
4. What precautions should a restaurant take when serving hot beverages? - CORRECT
ANSWER✅✅Make sure to not overheat hot drinks and serve them at the industry standard
temperature, put warnings on cups, handle with care and be careful not to spill on customers
5. What are the safety concerns that a parking valet should be aware of? - CORRECT
ANSWER✅✅crowded areas, make sure everything is clearly marked
6. What areas of your grounds should you pay particular attention to as they relate to guest safety? -
CORRECT ANSWER✅✅Sidewalk, curbs, steps in an unexpected place, holes in the sidewalk
7. What are the concerns with outdoor lighting? - CORRECT ANSWER✅✅Using a dark and unlit
pathway, unlit stairways
8. Name four causes of swimming-pool accidents and state how each could be avoided. - CORRECT
ANSWER✅✅Wet floors, unsafe diving boards, inadequate safety equipment, horseplay, inadequate
supervision
,9. When must a hotel employ a security guard to protect the guests? - CORRECT ANSWER✅✅If they can
anticipate crime in the community, large crowds
10. Given an example determine if the hotel should provide a security guard to protect guests. -
CORRECT ANSWER✅✅If the behavior is foreseeable then the establishment is liable
11. What is a hotel responsibility for jogging paths not on the property? - CORRECT
ANSWER✅✅Generally the establishment is not liable when injury is caused by a condition on the
footpath that is not on the hotel premises
12. What are hotel responsibilities in relation to public beaches? Be sure and know the majority and
minority positions. - CORRECT ANSWER✅✅a. Oceanfront Properties
i. Majority of the states: You generally have no responsibility to warn guests of hazard related to the
ocean unless you have done something to aggravate the hazards.
ii. Minority of the states: You have a responsibility to warn guest of hazards if you can reasonably
foresee that guests will visit the off-premises facilities (beach).
b. Beachfront Properties
i. If a hotel provides items for guests to use then they have a responsibility to protect the guests or
others from injuries related to those items.
ii. If a hotel invites guests to swim in a particular location then the hotel must make sure that the area is
safe.
13. Given an example of an incident at a public beach determine if the hotel will likely be found liable. -
CORRECT ANSWER✅✅
14. What are a hotel's duties in regards to protecting guest from injuries caused by fires? - CORRECT
ANSWER✅✅Maintain fire safety equipment, train staff on how to respond to fire
1. Define negligence as it applies to hotels and restaurants. - CORRECT ANSWER✅✅A breach of legal
duty to act reasonable that is the direct (or proximate) cause of injury to another.
, 2. List and describe the following elements of a neglect case: - CORRECT ANSWER✅✅The existence of a
legal duty to act reasonably owed by the defendant to the plaintiff
We have duty to protect people who could be injured by our action (or lack of actions) if the connection
between those actions and the injury could have been foreseen
a breach of that duty - CORRECT ANSWER✅✅If it has been established that there was a legal
responsibility (duty), then the next thing that must be proved was that the defendant was in breach of
the duty. This means that the defendant knew or should have known but failed to act.
Injury to the plaintiff - CORRECT ANSWER✅✅After the first two standards, the person must prove that
they were injured.
Proximate cause - CORRECT ANSWER✅✅i. the final element is that the defendant's negligence caused
the injury.
ii. This can be a challenge; the proximate cause refers to a direct and immediate cause of the injury.
1. If the plaintiff doesn't know the cause of the injury it is harder to hold the defendant liable.
2. If the injury was due to preexisting conditions then the defendant may not be liable. If the negligence
aggravated a preexisting condition then the defendant is liable for the additional injuries.
3. If there is an intervening or superseding occurrence then the defendant may not be liable.
Determining if an intervening or superseding event has reduced or eliminated a defendant's liability is
for the courts to decide.
Which two elements of a negligence case must have a cause-and-effect relationship (proximate cause)?
- CORRECT ANSWER✅✅Between the unreasonable conduct and the injury, must also be direct or
immediate so that a reasonable person could foresee the potential danger of the careless act
What is an "open and obvious" hazard? - CORRECT ANSWER✅✅the dangerous are so obvious that the
invitee can reasonably be expected to discover them
Given an example determine if the hazard would most likely be considered as an "open and obvious"
hazard. - CORRECT ANSWER✅✅A patron of Wendys exited the building via a concrete ramp part of
which was cracked. The ramps condition was easily visible and therefore obvious. The customer tripped
1. Describe the duties owed a guest in hotel and given an example determine if the hotel will likely be
held liable for an injury related to the following areas: - CORRECT ANSWER✅✅clean rooms, bed chairs
and seats inspected and maintained regularly, windows, window fixtures maintained and safe, electrical
and heating hazards, water faucets and showers in good working conditions, keep guests safe from
animals and insects, hand bars and rails properly installed, bathroom doors installed and maintained, in
room hot tubs and whirlpools heated correctly
2. Describe the duties owed to individuals and given an example determine if the hotel will likely be held
liable for an injury related to the following public areas: - CORRECT ANSWER✅✅lobby should be
frequently inspected, elevators are cared for and maintained, escalators, doors, and stairways regularly
exaimined
3. What are the risks associated with serving flaming foods? What precautions should a restaurant take
when serving them? - CORRECT ANSWER✅✅Must carefully train its employees on how to prepare and
serve the food safely and how to use the related cooking devices and what to do if there is a fire
4. What precautions should a restaurant take when serving hot beverages? - CORRECT
ANSWER✅✅Make sure to not overheat hot drinks and serve them at the industry standard
temperature, put warnings on cups, handle with care and be careful not to spill on customers
5. What are the safety concerns that a parking valet should be aware of? - CORRECT
ANSWER✅✅crowded areas, make sure everything is clearly marked
6. What areas of your grounds should you pay particular attention to as they relate to guest safety? -
CORRECT ANSWER✅✅Sidewalk, curbs, steps in an unexpected place, holes in the sidewalk
7. What are the concerns with outdoor lighting? - CORRECT ANSWER✅✅Using a dark and unlit
pathway, unlit stairways
8. Name four causes of swimming-pool accidents and state how each could be avoided. - CORRECT
ANSWER✅✅Wet floors, unsafe diving boards, inadequate safety equipment, horseplay, inadequate
supervision
,9. When must a hotel employ a security guard to protect the guests? - CORRECT ANSWER✅✅If they can
anticipate crime in the community, large crowds
10. Given an example determine if the hotel should provide a security guard to protect guests. -
CORRECT ANSWER✅✅If the behavior is foreseeable then the establishment is liable
11. What is a hotel responsibility for jogging paths not on the property? - CORRECT
ANSWER✅✅Generally the establishment is not liable when injury is caused by a condition on the
footpath that is not on the hotel premises
12. What are hotel responsibilities in relation to public beaches? Be sure and know the majority and
minority positions. - CORRECT ANSWER✅✅a. Oceanfront Properties
i. Majority of the states: You generally have no responsibility to warn guests of hazard related to the
ocean unless you have done something to aggravate the hazards.
ii. Minority of the states: You have a responsibility to warn guest of hazards if you can reasonably
foresee that guests will visit the off-premises facilities (beach).
b. Beachfront Properties
i. If a hotel provides items for guests to use then they have a responsibility to protect the guests or
others from injuries related to those items.
ii. If a hotel invites guests to swim in a particular location then the hotel must make sure that the area is
safe.
13. Given an example of an incident at a public beach determine if the hotel will likely be found liable. -
CORRECT ANSWER✅✅
14. What are a hotel's duties in regards to protecting guest from injuries caused by fires? - CORRECT
ANSWER✅✅Maintain fire safety equipment, train staff on how to respond to fire
1. Define negligence as it applies to hotels and restaurants. - CORRECT ANSWER✅✅A breach of legal
duty to act reasonable that is the direct (or proximate) cause of injury to another.
, 2. List and describe the following elements of a neglect case: - CORRECT ANSWER✅✅The existence of a
legal duty to act reasonably owed by the defendant to the plaintiff
We have duty to protect people who could be injured by our action (or lack of actions) if the connection
between those actions and the injury could have been foreseen
a breach of that duty - CORRECT ANSWER✅✅If it has been established that there was a legal
responsibility (duty), then the next thing that must be proved was that the defendant was in breach of
the duty. This means that the defendant knew or should have known but failed to act.
Injury to the plaintiff - CORRECT ANSWER✅✅After the first two standards, the person must prove that
they were injured.
Proximate cause - CORRECT ANSWER✅✅i. the final element is that the defendant's negligence caused
the injury.
ii. This can be a challenge; the proximate cause refers to a direct and immediate cause of the injury.
1. If the plaintiff doesn't know the cause of the injury it is harder to hold the defendant liable.
2. If the injury was due to preexisting conditions then the defendant may not be liable. If the negligence
aggravated a preexisting condition then the defendant is liable for the additional injuries.
3. If there is an intervening or superseding occurrence then the defendant may not be liable.
Determining if an intervening or superseding event has reduced or eliminated a defendant's liability is
for the courts to decide.
Which two elements of a negligence case must have a cause-and-effect relationship (proximate cause)?
- CORRECT ANSWER✅✅Between the unreasonable conduct and the injury, must also be direct or
immediate so that a reasonable person could foresee the potential danger of the careless act
What is an "open and obvious" hazard? - CORRECT ANSWER✅✅the dangerous are so obvious that the
invitee can reasonably be expected to discover them
Given an example determine if the hazard would most likely be considered as an "open and obvious"
hazard. - CORRECT ANSWER✅✅A patron of Wendys exited the building via a concrete ramp part of
which was cracked. The ramps condition was easily visible and therefore obvious. The customer tripped
