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Hear this out loud PauseWhich of the following are the two theories under which a hotel might be held liable for serving unwholesome or improperly prepared food? Common law negligence and breach of an implied warranty.
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.
Hear this out loud PauseHotels have the duty of reasonable care of being vigilant and protecting their guests from foreseeable risks. This includes protection from injuries and criminal acts caused by other guests and assaults and negligence from their own employees.
Hear this out loud PauseGenerally, an innkeeper, under the common law doctrine of infra hospitium, is strictly liable for loss or damage to a guest's property unless the property is lost or destroyed by an act of God, public enemy, or by the fault of the guest, or from some irresistible force other than the act of God or from an inevitable ...
Hear this out loud PauseHotels can be held legally responsible for injuries that their guests suffer under premises liability laws. A hotel assumes a duty of care to its guests because they have invited you onto their premises.
Under Kentucky's assumption of risk doctrine, the courts may dismiss a personal injury case where the plaintiff assumed the risk of an injury. The assumption of risk defense is most common after accidents involving activities or events with known risks or hazards.
Premises liability laws cover injuries that happen on someone else's property and are caused by some kind of unsafe condition. The injured party can typically file for compensation if the property owner, manager, or another responsible party was negligent and failed to prevent or correct the danger.