Running a hospitality business is rewarding both in a professional and financial sense, but it does come with a wide range of challenges. One of these is the fact that bars, hotels, nightclubs, and restaurants are prone to getting sued by disgruntled customers. In some of these lawsuits, the businesses were simply negligent and did not do their duty of care; in others, the owners did their best to cover their legal bases but their efforts were not enough. Help from a hospitality expert could have helped in both instances. If you’re planning to get into the hospitality business, or if you’re already running one, you need to be aware of these legal issues so you can take steps to avoid them.
We’ve listed some of these lawsuits below:
Hotel assault
Despite strict hotel security, there have been many hotel patrons that have experienced assault. Some were robbed and/or beaten up, while others were sexually assaulted and raped. Even celebrities have not been able to escape this: reality TV star Kim Kardashian was robbed at gunpoint while staying at the Hôtel de Pourtalès in Paris, with the robbers tying her hands with plastic ties before stealing her jewelry.
It is the hotel’s responsibility to ensure guests’ security. A hotel assault lawsuit can be filed against them, and a hospitality expert can give assistance should it be called for by your lawyer.
Non-compliance with the Americans with Disabilities Act
The Americans with Disabilities Act mandates that public accommodations should ensure that their premises give guests equal access to their facilities — regardless of whether they have disabilities or not. This means that inns and hotels need to have ramps that make it easier for wheelchair users to get around as well as swimming pool lifts that allow those with mobility problems to easily enter the pool. Those who don’t comply can face Americans with Disabilities Act lawsuits.
Negligence
All hospitality businesses have the responsibility to keep guests safe and secure. One example is if someone falls down a set of dimly lit stairs. Another is when bar staff fails to clean up after spilled drinks, causing a guest to slip and fall due to the wet floor. Restaurants where diners fall ill due to the food can face negligence lawsuits as well.
Personal injury lawsuits can arise even when another guest is seemingly at fault. When a fight happens in a bar or nightclub, the injured party could file a negligence lawsuit against the establishment. They must prove that management 1) served alcohol to an already-intoxicated guest and 2) did not implement enough security measures.
These lawsuits can be daunting if they happen to you and your business. The first step is to get proper legal counsel and contact an attorney. Your lawyer can determine if a hospitality expert can help with your case. Our firm, Perry Group International, can provide advice, help review casework, and even appear in court as an expert witness.
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