The hospitality industry is the most volatile industry in relation to lawsuits. That's why if you work in this field it is important to have a good knowledge of the hospitality law. From the moment you decide to go on vacation to the moment you complete and go home, a whole series of unfortunate accidents can arise that could ruin your well-deserved break.
If you are working with an airline; o travel and tourism agency; o hotels and tourist transport, it is worth measuring salt to know what can be done to prevent a potentially expensive cause that could cause you or your company to go bankrupt.
The context of the hospitality law can be classified into three types. The first is the law of crime, the second is the law of the contract and the third is the law of the agency. In this article, we will analyze the law of crime.
The offense law refers to areas such as violation of the person, land and personal property. The other area in the law of the offense concerns the law of negligence.
If you were a hotel manager and found that an unregistered person is using the swimming pool, what would you do? The simple answer is that you can evict the person from the premise because he is a transgressor. But what if, as a violator and while using the pool, he was injured because the pool area was wet and slippery and lacked proper maintenance?
Obviously if the injured person was a guest, he could certainly bring an action against your hotel out of negligence. This is because, as the hotel manager, you owe a duty to your guest and, if you do not keep your premises, there has been a violation of this duty of diligence. The guest who has suffered an injury will be sufficient to bring a legal action. This is quite certain. But what is uncertain is whether the same level of protection from the law can be applied to a person who transgresses the hotel premise. This is something that requires a more thorough analysis.
If the matter goes to court, the probable evidence that the court will apply is based on a concept called causality. This is to examine the situation objectively and decide on what lawyers would notoriously claim to boast called the "reasonable man" argument. (We will discuss this in another article). Based on this concept, does this mean that regardless of whether the injured person was a guest or a transgressor, the key question would be whether the injury was caused by direct negligence on the part of the hotel in not maintaining its premises?
If the answer is that the injury was caused by the hotel's negligence in not keeping the premise, this would be sufficient reason for both the guest and the offender.
But obviously it's not that simple. There are other considerations to analyze. How, how and why was the offender able to access the swimming pool? And the concept of innocent transgressor!
This is just one example of the importance of the law in the hospitality sector. There are also other factors to consider. We will discuss this in another article.
