Answer to Question #166376 in Law for Lori Johnson

Question

BUSINESS LAW - CONTRACT

Michelle decided to treat herself for her birthday and checked into “The Ritzzy

hotel”. She signed a contract which she never read, with one of the terms being 

that the hotel will not be responsible for any car that has been parked in the 

hotel’s parking lot which is damaged or stolen.

Upon arriving in the room, Michelle saw a sign on the bedroom wall informing 

her that the hotel is not liable for any items missing or stolen from the room. All 

valuables were to be taken by guests when leaving the room..

Michelle left her genuine pearls in the room and went to dinner. Upon her return 

to the room her pearl set was gone. The hotel was informed by Michelle of the 

theft, however they denied liability based on the sign in her room. Michelle 

decided to leave the hotel and was quite outraged when she went to the car park 

and saw that her tyres were all slashed.

The hotel is also stating that it is not liable for the slashed tyres. Michelle wants to 

sue them to recover the costs for her pearls and the slashed tyres.

1). Advise Michelle.

Answer 1

The law “innkeeper’s duty” states that innkeepers (hotel owners) are to be blamed for injuries and theft from their guests. In that case, the hotel holds a duty to its guests to meet the guests’ standards of care. Therefore, Michelle can sue the hotel and prove their negligence by arguing that it is the hotel’s responsibility to make sure locks on guest rooms doors should be functioning properly to reduce burglary. It also states that the hotel has a responsibility to make sure that there is security as needed. Therefore, the hotel should be under surveillance at all times to ensure the guests’ properties are safe. With this, Michelle would not have lost her pearls and have car tyres slashed.