Hotel Liability Essay

I can bring my case to a federal court. A hotel can be held liable for any injuries to its guests as any neglect by the hotel is considered a breach of the premises liability law. According to Page (1988) under the premises liability law, a hotel guest is an invitee and is legally entitled to the highest amount of protection by the hotel. In this way, the hotel owes its guest the duty to ensure that their premises are safe and in perfect conditions. Some of these duties may include securing and maintaining their furniture in ideal conditions; otherwise, the hotel should warn the invitee (Schallenkamp, 1997). In this case, the hotel neglected and breached this duty and made no attempt to inform me that the bed was not in excellent condition.

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This neglect ended up causing me harm - leg and back injuries. This provides me evidence and full proof that I can present my case to a federal court. Also, the incident caused me a lot of income, and I would need to recover the damages. Damages are the money awarded to a someone to compensate for the harm they incurred (Legal Environment, 2007). Beatty (2007) argues that a customer is one of an organization's stakeholder; therefore, it is the organization's responsibility that its stakeholders are happy and satisfied. However, my visit to the hotel did not bring a happy or satisfactory ending. Meaning I am legally right to question them.

I can commence the case in California because this is a diversity case. According to Beatty (2007), one can present a case to the federal court in any state since they have diversity jurisdiction. Besides, the premises liability law is within the United States Constitution under the Federal Torts Claim Act; therefore, a federal court can preside over any case in this category.

According to Hensler (1993) settlements are done in private and the defendant - the hotel in this case - do not have to admit liability. The end of the trial means my case was a win and the jury ruled in my favor awarding me with $100,000 and settling for fifty percent of that would be costly on my end. The $50,000 will not be able to resolve my medical bill, get back the income I lost or even pay my lawyer. On top of that, if I settle the record will not be set straight that the hotel is not competent and are not paying keen attention to their rooms and furniture. On the other hand, the hotel's lawyer offering me less than I deserve leads me to a humane trap. The less money would make the hotel happy but not me; they have to conform with the court's ruling (Legal Environment, 2007). For this reasons, I would not accept the offer by the hotel's lawyer to settle for $50,000. I will adhere to the jury's decision. Even though more money brings a lot of excitement, but the relationship between happiness and money is a complicated one (Beatty, 2007).

References

Beatty, J., & Samuelson, S. (2007). Legal Environment. Cengage Learning.

Hensler, D. R., & Peterson, M. A. (1993). Understanding mass personal injury litigation: A socio-legal analysis. Brook. L. Rev., 59, 961.

Page, J. A. (1988). The Law of Premises Liability. Anderson Pub Co.

Schallenkamp, T. (1997). Premises Liability Law. Pepp. L. Rev., 25, 338.