HA100 : The Class : Operations : Law : Lesson 1

Hospitality Law

Hotel Liabilities

Campbell v. Womack

“The hotel had an affirmative duty, an obligation, stemming from a guest’s rights of privacy and peaceful possession of the room” – no to allow unregistered and unauthorized persons to gain access to the rooms of its guests.

Where does our LAW come from?

1774 – Revolutionary War – fought in protest of the King’s unchecked power to make unreasonable laws and set arbitrary taxes on the colonists.

Our founding fathers decided to divide up the powers of government – so that no one person or group of persons could rule the country without limitation.

Hence the THREE branches of government:

Legislative branch

Executive branch

Judicial branch

NO ONE BRANCH IS SUPREME

Can you define each branch, its composition and its law making authority?

Legislative Branch – The Congress

House of Representatives – a state’s representation is based on its population.

The Senate – every state, regardless of size, has two representatives.

Passes a bill, which than goes to the Executive Branch

Executive Branch – Headed by the President of the U.S.

can approve the bill, which than becomes law/statute

can veto a bill

S/he CAN make a law by issuing an Executive Order

However, if Congress believes the President has gone too far, an Executive Order can be challenged

Judicial Branch – Resolves disputes between people or branches of government.

Has the power to review the actions of the other branches of government and rule on their constitutionality. Law created by the judicial branch is called Common Law.

Legal Aspects for Hotels

Duty to accept all persons as guests (provide shelter)

There ARE Exceptions:

No rooms left

Guest has no money

Guest has contraband (drugs, explosives)

Guest ha a contagious disease

Duty to protect guests – A hotel provides lodging and safety from the elements and also from hazards that exist in the world à lock on the door.

A TORT is a civil wrong – one acted, or failed to act, as any other reasonable person would have done.

It is critical to avoid Negligence – again you must act as a reasonably prudent person would act under the same circumstances.

State of Arizona:

Hotel need a fire proof safe

A notice must be posted in each guest room of the availability of the safe

Reasonable liability for guest’s property

In-room safes

Legal Aspects for Restaurant and Food Service

Food Service – Proper inspection of food served is critical.

Liquor Liability

Need a Liquor License

on premise consumption – bar/restaurant

off premise consumption – liquor store

License needs to be posted in a “conspicuous” place

hours of the day you may sell liquor

Dram Shop Liability

Old English definition – One Dram = One Ounce

A Dram Shop was a Bar – A shop that sold liquor by the Dram

Liability of the bar for those injuries caused by a patron who had too much to drink

The Courts can award:

Compensatory Damages:

To compensate for the damages incurred

Covered by insurance policy

Punitive Damages:

To punish for negligence

Not covered in an insurance policy

Other Employment-Related Laws

Discrimination

Labor Laws – Unionization

Immigration Laws

Once you have finished you should:

Go onto Assignemnt 1
or
Go back to Hospitality Law

E-mail Lenka Hospodka
or call (928) 523-2845 (Lenka Hospodka)