Seek, and you shall find. An innkeeper’s duty includes not just waiting for reports of dangerous conditions but going on the hunt to find them. Liability cannot be avoided by claiming ignorance when lack of knowledge is due to failing to inspect.
Presumably all hotel managers know that hotels owe a duty of care to their guests to repair known dangerous conditions. Hotels must also make routine inspections to discover dangerous conditions.
Case in point: Plaintiff was a guest at a Marriott in Detroit where she was attending a conference. The ballroom was used as a dining hall for the convention. Wanting a cup of tea, plaintiff joined a line at a buffet table. While following the path of the line, which took her between two tables, plaintiff’s shoe caught on an upturned corner of an electrical grid. This caused her to trip and fall, resulting in a fractured shoulder. She had not seen the grid because there were many people waiting in the line and the placement of tables blocked her view of the floor.
Not surprisingly, she sued. At the trial, the director of engineering testified that the edges of electrical grids sometimes upturned. When such a condition was reported to him, he repaired it by replacing the rubber around the edge of the grid or taping down the upturned corner.
He further testified that his department does not “go around looking for any broken things.” Therein lies a problem!
In refusing the hotel’s request to dismiss the case, the court noted with discontent, “The director of engineering expressly stated that its protocol was reactionary. If a hazard were reported, [only] then would it be fixed.”
Also problematical for the hotel was the fact that other electrical grids in the ballroom had been taped down. Per the judge, the hotel thus had knowledge that the grids were “an ongoing and known risk of becoming tripping hazards to hotel guests.” This should have underscored to the hotel the need to undertake inspections.
Here’s the lesson: It is not sufficient to take corrective action only after a problem has been reported. Instead, inspect and repair, and if there’s a delay necessary in fixing the issue, warn guests in the interim.
Karen Morris is a lawyer, municipal judge and Distinguished Professor at Monroe Community College in Rochester, N.Y.