- Hotels are not liable for every accident or loss that occurs on the premises, nor do they insure the absolute safety of every guest.
- Hotels have a general duty to exercise “reasonable care” for the safety and security of their guests.
- Hotels have a general duty to reasonably protect guests from harm caused by other guests or non-guests.
- Hotels have an affirmative duty to make the premises reasonably safe for their guests. This obligation includes a two-fold duty either to correct a hazard or warn of its existence. The hotel must not only address visible hazards but must make apparent hidden dangers or hazards.
- Hotels are not liable for harm to person or property unless “fault” can be established against the hotel.
- Hotels may be “vicariously liable” for the negligence of their employees.
- Hotels are generally liable for damages if they cannot honor a confirmed reservation because of “overbooking.”
- Hotels may generally sue for damages or retain deposits if confirmed reservations are not honored by prospective guests.
- Hotels may generally evict registered guests for a variety of well-established reasons.
- Hotels may retain personal possessions of evicted guests as security for room charges.
- Hotels are generally not required to have lifeguards on duty at hotel swimming pools, except by state statute. However, conspicuous “No Lifeguard” warning signs are minimally required.
- Hotels are generally not liable for valuables that are not secured in the hotel safe, if conspicuous notice is posted.
- Hotels are generally not liable for harm to guests caused by criminal acts of others, unless hotel fault is established.
- Hotels may generally limit their liability for losses if conspicuous notice is given to hotel guests.
