Canadian Hospitality Law 3rd Edition by Don Longchamps – Test Bank

 

Instant Download – Complete Test Bank With Answers

 

 

Sample Questions Are Posted Below

 

PART 2

Liability and Risk in the Hospitality Industry

 

Chapter 4 covered general principles of negligence law.  Chapters 5, 6, and 7 deal with the application of those principles to the hospitality industry.

 

 

Chapter 5

The Accommodation Sector

 

The text generally follows the member of the public into the hotel from the grounds, through the lobby, into the special facility areas, up the elevator, into the room, and into the back of the house (where they might not belong).

 

Hospitality businesses are not perfect insurers for the public, but do owe them a wide-ranging duty of care.  In some cases, the liability is strict.  The risks of negligent acts or omissions can be significantly reduced by:

1. knowledge of duty of care
2. enlightened management
3. well-trained staff
4. standard operating procedures (STOPs) that include inspections as part of performance.

 

Maintenance

 

Employees and Contractors

Hire only qualified people.

Relatively simple matters may be handled by generalists.

 

Maintenance Records

Keep adequate maintenance records including dates of work and names of contractors.

 

 

General Maintenance

Adopt a regular inspection system that takes into account Canada’s four seasons.  Ensure that someone is responsible for all of these tasks.  Ensure that repairs are made promptly and well.  Keep maintenance equipment safely out of the reach of children.  In the notes below, these common sense matters will not be repeated too often.

 

THE HOUSE AND GROUNDS

Hotels are divided into the front and back of the house.  They intertwine like a circulatory system with some overlap.  Generally, the front is accessible to the public and the back is not.

 

The Grounds

 

Sidewalks

Mark all elevation changes.  Business (or home) owners are responsible for keeping clear and safe any sidewalks owned by the municipality that are adjacent to their businesses or homes.

 

Steps and Ramps

Mark elevation changes.  Ensure ramps for people with special mobility needs meet codes.

 

Outdoor Staircases

Harwood v. Westview Holding Ltd.

P fell on a poorly lit staircase.  P had previously used the staircase many times.  Case and appeal dismissed.  P had failed to take care to ensure her own safety and had accepted the risk.

 

Ouelette v. Kinsmen Club of Ladysmith

P fell on steps built by volunteers.  Steps failed to meet building code.  D liable.

 

Outdoor Lighting

Use light sensors.

 

Parking Lots and Garages

Be aware of potholes and the effects of corrosion.  Minimize the dangers posed by the isolation of many lots and garages.  Discuss in class some local lots and garages and seek safety recommendations.  Many hotels locate storage areas and lockups in secluded areas of garages.  Staff members are expected to visit these areas during their work shift.  Discuss steps to minimize any dangers faced by staff or the public.

 

Outdoor Recreation Areas

Ensure regulatory fencing requirements are met.

 

Garbage Storage Areas

These may be attractive to both children and animals.

 

Fully Public Areas

Entrances

Mark clear glass doors so that they are noticeable, e.g., logos, stripes, push bars.  Revolving, automated, and other commercial doors should be inspected as to speed, force, and wear and tear.

 

Brennan v. Sahara Nights Restaurant Ltd.

P pushed the glass portion of a door which broke, cutting his wrist.  P failed to exercise reasonable care.

 

Pajot v. Commonwealth Holiday Inns of Canada Ltd.

P fell through a poorly marked glass door.  D failed to exercise reasonable care.

 

Lobbies and Vestibules

• Lobbies are vulnerable to the weather.
• Choose safe floor coverings.
• Use barricades when repairing.
• Pay special attention to electrical cords.
• Use only approved waxes and cleaning agents.
• Inspect regularly and charge someone with the responsibility.

 

 

Stairwells and Mezzanines

Inspect for frayed carpet, loose carpet rods, and dangerous banisters.  Inspect for code conformity.

 

Crowd Control

Anticipate size and atmosphere.  Remember, “Masses are Asses.”

 

Public Elevators

Hotels have a nondelegable duty of care.  Ensure proper training. Check licence and expiry date.  Keep record of all inspections and repairs.

 

Sawler v. Franklyn Enterprises Ltd.

P was hit in head by steel floor indicator. P sued the hotel and maintenance contractor.  The court dismissed the case against the hotel because their employees had not worked on the elevator and found the contractor, whose employees had done the work, solely liable.

 

Indoor Lighting

Proper lighting reduces risks.

 

Black Lion Inn Ltd. v. Johnson

P fell and was injured when she failed to negotiate a step located in a dimly lit and unusual place.  Court found Inn 75% at fault.  Defendant failed to warn patrons of an unusual hazard.

 

Furniture

Must be child-proof.  Cribs must meet standards.  Discuss STOPs.

 

Howells v. Southland Canada, Inc.

P sat on plastic chair that broke.  The reason for the break could not be established.  Action dismissed.  P could not rely on Res Ipsa Loquitur because there was a possible explanation that did not involve negligence.

NOTE:  The authors question the outcome of this case.

 

 

Wall Hangings

Ensure hardware is adequate for the weight. Overhead objects must be securely attached. Close areas when maintenance is being done.

 

Retail Shops

Require tenants to have adequate insurance coverage.

 

Semi-Public Areas

 

Dining Rooms, Bars, and Banquet Halls

See previously mentioned concerns, i.e., flooring. Keep customers away from swinging doors if possible. Establish STOPs for spills, etc.

 

Rees v. B.C. Place Ltd.

P fell on a beer spill.   Court ruled staff failed to clean within a reasonable amount of time.

 

McPhail v. T & L Club (Brantford)

P slipped on a piece of cheese on the dance floor.  P won at trial.  On appeal, the court ruled that D was subject to a duty to maintain the premises in a safe condition but that this duty did not entail constant inspection.  D was not an absolute insurer and P had not been exposed to unreasonable risk.  Appeal allowed.

 

Young v. Hubbards Food Services Ltd.

P fell while attending a bridal shower. Negligence was not established. Cleaning and maintenance procedures were appropriate. The premises were fit for use.

 

Edwards v. Tracy Starr’s Shows (Edmonton) Ltd.

P tripped over an obstacle that he did not notice because he was distracted by the stage show. D is liable for failing to remove obstacles. Distractions were foreseeable.

 

Flambés

Establish STOPs. Control traffic in the area of any flambé. Keep children away.

 

Aisles

Follow provincial guidelines.

 

Fehr v. O.T. Karz Kafe Ltd.

P hit head on bar overhang. Court ruled that overhang and the proximity of the tables and chairs constituted an unusual danger.

 

Public Washrooms

Inspect and clean regularly. Meet or exceed provincial standards. Be aware of wet floors. Any shower facility should meet highest hotel standard.

 

McChesnie v. Tourond

P sexually assaulted and robbed in washroom. There was a history of attacks in same washroom. Hotel met duty to make premises reasonably safe. Security officer and patrol system employed.

 

Swimming Pools and Saunas

• Meet and exceed requirements.
• Inspect and maintain.
• Ensure equipment does not present a danger to guests.
• Test water and keep records. Train staff.
• Establish, post, and enforce house rules.
• Warn guests of potential health risks and dangers.
• Innkeeper’s superior knowledge increases liability.

 

Cempel v. Harrison Hot Springs Hotel Ltd.

P climbed a fence in the early morning hours and fell into a source pool containing very hot water. Court ruled the pool was an unusual danger requiring a high degree of care. It was reasonable to expect young people to enter the property. Hotel failed to take steps to ensure such an accident would not take place and the fence was not in proper condition.  Hotel found 25% liable and P 75%.

 

Fitness Rooms and Running Tracks

Inspect the condition of equipment. Take broken equipment out of room. Keep paths clear, dry, and in top condition.

 

Robinson v. Madison

P injured on fitness equipment. Club liable on basis of Res Ipsa Loquitur.

 

 

Drodge v. St. John’s Young Men’s and Young Women’s Christian Association

Water on floor caused fall.  Club liable.  Water on floor was an unusual danger.

 

Guest Areas Outside the Guest Rooms

• Corridors
• Indicate any changes in elevation.
• Keep hallways clear of equipment.
• Proper lighting is important.
• Restrict persons on floor to guests, guests of guests, and staff.

 

Ice and Vending Machines

Watch for wet floors around ice and vending machines.

 

Housekeeping Closets

Keep them locked and keep dangerous supplies out of the hands of children and intruders.

 

Rolling Stock

Do not block passageways.

 

Emergency and Fire Doors

Keep emergency doors shut. Enforce STOPs.

 

Inside Guest Rooms

 

Security and Safety

Keep keys in a secure place. Ensure that locks work properly. Conduct daily inspections of guest rooms.  Ensure they are clean and in good repair.

 

Discuss in class who should be involved in the inspections, e.g., front office staff and housekeepers.

 

Lighting

Room attendant should check lights next to door before leaving room.

 

 

Ceilings

Inspect for decay and signs of wetness.

 

Window Treatments

Hang heavy drapes securely.  Ensure rods are straight.

 

Patio Doors and Screens

Inspect locking devices.  Ensure that they are strong enough to hold back children.

 

Balconies

Child-proof them. Doors should be clearly marked.

 

Gordon v. Blakely

Court ruled D failed to warn guest of dangerous drop in floor level between the room and the balcony.

 

Buehl Estate v. Polar Star Enterprises Inc.

P stepped through patio door and fell two stories because the balcony was not there.  P had been warned and was intoxicated at the time.  Court ruled that the lodge should have barricaded the door.  Lodge 35% liable and P 65%.

 

Child-Proofing

Inspect for dangers from the point of view of a child.  Meet or exceed all requirements for cribs and other items that may be given to the guest, i.e., playpens.

 

Telephones

Provide them in sensible locations. Train staff to handle special situations. Give health and assistance calls top priority.

 

Bathrooms

High-risk area. STOPs are essential. Minimize slipperiness.  Ensure all faucets are in top condition. Check water temperature.

 

Joyce v. Canadian Pacific Hotels Corp.

P slipped in bathtub that had a manufacturer’s nonslip surface. Hotel met some of its duty by installing such a tub, but it failed to meet its duty to maintain, repair, and inspect.

 

The Back of the House

Restrict this area to authorized persons only. Post clear signs.

 

Repushka v. Perentes Enterprises Ltd.

P fell down stairs located at the back of kitchen. Action dismissed. There was not an unusual danger.

 

Service Stairwells and Freight Elevators

Inspect by professionals. Ensure all closing mechanisms work well and are in good repair.

 

Kitchens, Ovens, and Walk-in Freezers

 

Safety Features and Security Measures

Adequate security reduces the risk of injury and theft. Monitor who is on property. Heed any bulletins that the police and other agencies circulate. Security requirements vary depending on the circumstances. Students require more control than a convention of teachers (or do they?).

 

Safety Equipment

Meet or exceed all code requirements. Have safety equipment inspected by professionals. Meet with all inspectors and get first-hand information on any problems.

 

Fire Prevention

Check your province’s fire code.

 

Love v. New Fairview Corp.

P injured in fire. P delayed exit to help others. Court ruled P’s own delay was the cause of his injury.

 

Emergency Exits

Inspect daily to ensure that all exit lights are working and that exit notices are in place (STOPs).  Keep staircases clear of debris and do not use them for storage.

 

Emergency Lighting

Is effective for only a short period of time.

 

Intercoms and House Phones

Inspect daily and maintain. Replace any phone that is missing or defective.

 

Medical Assistance

Do not wait—call an ambulance whenever a guest indicates health difficulties. Where possible, leave medical attention to professionals. Record incidents with witnesses where possible.

 

Staff Training and Inspections

Provide adequate training and stay current. Have STOPs for inspections. Assign responsibility.

 

Daily Logs

Keep them. Record all emergencies and any other information that should be shared with other personnel. Do not share the information with guests. Can be computerized with backup.

 

Video Cameras

Video cameras and photographs of incidents are useful. Always respect the guests’ privacy.

 

Special Considerations

 

Children

Hire professional caregivers for daycares. Check references.

 

Vannan v. Kamloops

Infant fell from play structure. Standard of care is one of reasonableness, not perfection. D was found not liable.

 

Special Needs

Keep record of where guests are roomed if they need special help.

 

Pest Control

Use professional exterminators. Warn guests of any animal dangers.

 

Special Tours and Activities

Advise guests that the hotel is an agent and not the principal when guests are sold outside activities.

 

Exercise Trails

Ensure that the route is safe. Warn guests of any known dangers.

 

Taxis and Shuttle Buses

Hailing a taxi for a guest carries virtually no risk.  Class may discuss ways in which a risk could arise.

 

Resorts and Recreational Amenities

• Natural Bodies of Water
• Other Water Attractions
• Duty of care may extend to nonguests and even trespassers.
• Warn of any dangers and have STOPs.
• Rope off swimming areas, inspect bottom.
• Recreational equipment increases the risk of injury.
• Ensure that equipment is in proper condition and meets standards. Instruct all users on the proper use of equipment.

 

Atley v. Popkum Water Slides Ltd.

P slipped on walkway between two pools. Action dismissed.  D had used slip-resistant coating. People using a water slide park had to expect slippery surfaces. Appeal also dismissed.

 

Targett v. Magic Mountain Water Park Ltd.

P slipped entering a wave pool. D found liable because he failed to paint the bottom of pool with abrasive coating.

 

Ski Areas

Rank degree of hill difficulty. Explain and post rankings.  Clearly mark slope boundaries. Rope off dangerous areas.  Post snow conditions. Ensure rental equipment is in good condition. Inspect and maintain all lifts and equipment.

 

 

Gwynn v. Ochapawace Indian Band

P was thrown from T-bar by action of employee.  D found to be vicariously liable.

 

Marshall v. British Columbia

Resort failed to mark edge of slope. Resort found 33% liable.

 

Fink v. Greeniaus

Skiers collided. Each skier was 50% liable. Resort not liable.

 

Ice Skating

Warn of conditions. Close off surface during maintenance.

 

Hazardous Sports

Warn of conditions and dangers. Close off dangerous areas.

 

Horseback Riding

Warn of dangers—they are all serious. Horses are unpredictable. Inspect all equipment before and during ride. Ensure the horse is suitable for the rider.

 

Burhoe v. Beach Grove Stables Ltd.

P fell off horse that was startled by a train. A disclaimer was clear and prominently displayed. P assumed the risk and the horse was not unruly. Stable not liable.

 

Saari v. Sunshine Riding Academy Ltd.

P fatally injured when she fell from galloping horse. Disclaimer located at the barn door. Court ruled Academy failed in its duty to take the reasonable precaution of providing competent trail guides. Academy found negligent in allowing P to canter without more instruction. No evidence that disclaimer was brought to P’s attention.

 

Rustic Accommodations

Noddin v. Laskey

P injured when gas heater exploded. D failed to make accommodation reasonably safe and install a pilot light.

 

 

Mackniack v. Brown

P fell into a manhole. Cover probably removed by another guest. D not liable for damages inflicted on one of his licensees by the action of another licensee because the damages had not been reasonably foreseeable.

 

Alderson v. North Pender Holding Inc.

P fell on rough-hewn steps. D found not liable as such steps were normal in that setting. Court noted that the result might have been different in an urban setting.

 

Emergency Telephones

Not a legal requirement but a good safety measure for remote areas.

 

Disclaimers and Waivers

Used to reduce liability. Must be clear and brought to the attention of the guests. Consider what languages to print them in.

 

1. v. B Ltd.

P injured at a ski resort when he collided with a snowmobile driven by an employee. P was bound by the release he signed.

 

Greeven v. Blackcomb Skiing Enterprises Ltd.

P injured skiing. The daily ticket carried a disclaimer but it was too vague and poorly located to be relied upon.

 

SUMMARY

 

Discussion Questions

 

1. Risks associated with:

 

1. a) Doors

Walking into clear glass. The force and speed of revolving or automatic door.

 

1. b) Lobbies

Wet floors, clutter, carpet tears, uneven material, poorly maintained furniture.

 

1. c) Staircases

Poor state of repair, not meeting code, banisters not secure.

 

1. d) Guest corridors

Poorly lit. Debris in hall. Wet floors. Emergency lighting out of order.

 

1. e) Guest bedrooms

Not clean. Wet floors. Faulty electrical outlets. Falling ceiling. Furniture not in good repair, windows not secure, glass doors not marked, balconies with dangerous rails, curtains in poor repair.

 

1. f) Guest bathrooms

Wet floors, electrical shock, faucets not working properly, water temperature.

 

1. g) Dining rooms, bars, and banquet rooms

Inadequate aisle space, dangerous flambés, furniture in poor repair, floor covering not safe, and mirrors etc. falling from wall.

 

1. h) Swimming pools

Any statutory requirement that is not met. Guest behaviour and especially that of children can cause a liability risk.

 

1. i) Saunas and hot tubs

Temperature, usage combined with alcohol, children unsupervised, and people with health conditions.

 

 

2. Awareness is the first step. Take the time to identify the risks associated with each area. Build inspections into the day-to-day jobs. Ensure that the procedures are followed. Hold staff instruction meetings. Correct anyone who is not performing to the required standard. Use checklists and STOPs. Inspect afterwards.

 

3. Electrical work, emergency equipment, elevator inspection and repair, and any repairs or maintenance where staff would not gain enough experience on an annual basis or where they might be in danger (i.e., outside window cleaning) should be done by outside contractors. Generally speaking, only general maintenance should be carried out by in-house personnel.

 

4. Personal safety should rank higher than protection of property.

 

5. Remain calm on the telephone. Assure guest that (1) you will stay on the line until help arrives, (2) that help is on the way, (3) guest is top priority.  Ask guest whether intruder is still in the room. As soon as possible, contact appropriate emergency personnel and police and direct them to the room. Warn other guests and staff.

 

6. Hotels are insurers of guests, though not perfect insurers except in strict liability. However, if the liability is not strict, such as in the case of theft from a room, the conduct of the guest may lessen or even eliminate the liability of the hotel through contributory negligence. If the liability is strict as in the case of food poisoning, the insurance is absolute.

 

 

ADDITIONAL QUESTIONS

 

1. Does the hiring of an outside contractor exempt or reduce the liability of the hotel? Why or why not?

 

Answer. Normally, hiring an outside contractor will not reduce liability for the hotel as the plaintiff is entitled to sue the legal entity the plaintiff dealt with; however, the hotel may have a claim over against the contractor.  Hire only competent contractors and do not use price as your only guide in choosing a contractor.

 

2. Review how the duty to inspect can be included in job descriptions and become a standard operating procedure.

 

Answer. See answer for question number 2 of the text questions.

 

3. Canada’s climatic conditions increase the risks associated with the operation of a hotel. Describe how an innkeeper can reduce the risk of liability for three distinct risks.

 

Answer. (1) Salt or sand pathways and steps in winter.  Make it someone’s responsibility to ensure that they are safe.  Warn guests of any dangers.  (2) Ensure roof is waterproof and that ice will not fall where people might be.  (3) Ensure there is adequate ventilation or air conditioning during heat waves.  (4) Clean up after a storm, e.g., tree branches.  (5) Lock away snow blowers and other equipment.

 

4. Sharon, a native of Alabama, was on her first visit to Canada. She had never experienced a Canadian winter until that January day when she arrived in Ottawa. She checked into one of the finer hotels in town and picked up a brochure from a rack in the hotel lobby. The brochure, produced by the municipal government’s tourist office, listed activities to do while in Ottawa. Skating on the Rideau Canal was a featured event. Inspired by the images of the skaters she had seen on television, Sharon asked the desk clerk for directions. The clerk, an avid skater, heartily recommended the canal. Sharon rented skates from Blades Galore Inc. The skates were a half size too big, but she wore an extra pair of socks. She had been on the ice for about ten minutes when she hit a rut and fell, breaking her ankle. Sharon sued the hotel for recommending the canal. She argued that the clerk should have known from her accent that she was from the Deep South and that she would have been a novice at skating. She also argued that the clerk did not warn her of the ice conditions. What liability does the hotel have? What other factors might change the outcome?

 

Answer. The hotel probably has no liability on the basis of voluntary assumption of risk.  A sympathetic judge might assess a small amount of liability on the basis on the employee’s hearty endorsement of the activity coupled with no words of warning.  Blades Galore would probably not be liable on the basis that a half size difference is probably too small to matter.  (What about a full size difference?)

 

5. Unsupervised by his parents, 10-year-old Tommy was jumping on the bed in his hotel room. He lost his balance and fell through the screen of the open window. The fall resulted in serious injuries.
6. Can Tommy sue the hotel?
7. What doctrines of negligence might Tommy’s parents invoke to sue the hotel?
8. How would the hotel defend its position?

 

Answer.

1. a) Tommy’s parents would sue on his behalf.
2. b) The hotel has a general common law duty of care under occupier’s liability to remove unreasonable dangers.  Part of that duty is to provide secure windows and to think about the placement of furniture.  Many rooms are too small to allow for safer placement of furniture away from windows, but hotels must do their best in the circumstances.
3. c) The hotel would claim that the real proximate cause of the injuries was the failure of the parents to supervise their child.

 

TRUE AND FALSE QUESTIONS

 

1. The qualifications of outside contractors are not the concern of the hotel. F

 

2. Lower class establishments do not have to meet the same safety standards as do high-class hotels. F

 

3. Garbage dumpsters could be an attractive nuisance for children. T

 

4. A licence is required for elevators. T

 

5. Retail outlets in hotels should have their own insurance. T

 

6. A hotel or restaurant is not responsible for keeping the municipally owned sidewalks next to the business free of ice and other hazards. F

 

7. Aisle space requirements are set by provincial legislation. T

 

 

8. There is no requirement to surpass the standards set by federal or provincial

regulation. F

 

9. Laws for most hotel pools require lifeguards. F

 

10. Each guest room must have a telephone located in it. F