Law and Ethics Flashcards

A guest slips and falls on a wet floor in the hotel lobby that had no warning signs posted. Under which legal principle is the hotel MOST likely to be held liable for the guest's injuries?

Answer: Premises liability

Premises liability holds a property owner responsible for injuries caused by unsafe conditions on their property. The hotel has a duty of care to maintain a safe environment, and failing to place a 'wet floor' sign is a breach of that duty that could foreseeably lead to an accident.

A hotel bar continues to serve alcohol to a patron who is visibly intoxicated. The patron later drives away and causes a car accident, injuring another person. The injured party sues the hotel. Which law or legal doctrine would be the basis for this lawsuit?

Answer: Dram Shop Acts

Dram Shop Acts are state laws that hold a business liable for serving or selling alcohol to minors or visibly intoxicated persons who later cause death, injury, or property damage.

Under most state innkeeper statutes, a hotel's liability for a guest's stolen valuables is limited. Which of the following actions is generally required of the hotel to receive this limited liability protection?

Answer: Posting notices informing guests of the availability of a safe for their valuables.

Most state laws limit an innkeeper's liability for stolen guest valuables, provided the hotel takes specific precautions. A key requirement is to post a conspicuous notice informing guests about the limited liability and the availability of a safe for their use.

A hotel is hiring a new locker room attendant for its men's spa facility. The hotel's management decides to only accept applications from male candidates. This action, which would normally be discriminatory, might be legally permissible under which of the following exceptions to Title VII of the Civil Rights Act?

Answer: Bona Fide Occupational Qualification (BFOQ)

A Bona Fide Occupational Qualification (BFOQ) is a narrow exception to anti-discrimination laws. It allows an employer to discriminate based on sex, religion, or national origin if that characteristic is reasonably necessary for the normal operation of the business, such as maintaining guest privacy in a spa locker room.

To comply with the Americans with Disabilities Act (ADA), a hotel with a swimming pool is generally required to provide an accessible means of entry and exit. Which of the following is considered a primary and compliant method for existing pools?

Answer: A fixed and independently operable pool lift installed at the pool's edge.

The ADA Standards for Accessible Design require that public pools have an accessible means of entry. For existing pools, a fixed pool lift that can be operated independently by the user is a primary method of compliance. Portable lifts generally do not meet the requirement for being fixed and available at all times the pool is open.

A hotel manager decides to intentionally sell 5% more rooms than are physically available, anticipating a certain number of no-shows and last-minute cancellations. This practice is known as overbooking. From an ethical standpoint, if the hotel cannot accommodate a guest with a guaranteed reservation, which of the following actions is the most critical to mitigate the negative impact?

Answer: Arranging and paying for a comparable room at a nearby hotel and covering transportation.

When a hotel cannot honor a reservation due to overbooking, the ethical and standard industry practice (often called 'walking' a guest) is to arrange for accommodation at a comparable or better nearby hotel, pay for that night's stay, and cover any transportation costs. This action directly resolves the guest's immediate need for lodging, which was the basis of the original contract.