Review the details of the "Analyze the Situation" segment (5.1) on page 129. What is your perspective of the case?
Review the details of the case through the framework of theories of liability. Discuss the incident and who is responsible through referencing terminology within theories of liability, particularly contributory and comparative negligence. An aspect of your discussion is how does an exculpatory clause affect liability?
Problem:
LAUREEN STATTE WAS A guest at the Vacation Inn Express, a midpriced, limited service hotel in an urban area. When she checked into the hotel, she inquired about the availability of a workout room. Upon receiving assurances that the hotel did indeed have such an area, Ms. Statte checked into the hotel, put away her luggage, changed into workout attire, and proceeded to the workout area.
Upon entering the workout room, she noticed a sign prominently posted near the entrance to the workout room stating: "Hotel Not Liable for Any Injuries Incurred During Workouts."
According to her attorney, Ms. Statte lifted deadweights for approximately 10 minutes, and then mounted a treadmill. As an experienced treadmill user, she started slowly, gradually increasing the treadmill's speed. Shortly after beginning the treadmill workout, Ms. Statte fell backward into a plate-glass window that was approximately 2 feet behind the treadmill. The glass shattered, and shards from the glass severely injured Ms. Statte.
Ms. Statte's attorney claimed the accident was the fault of the hotel because the treadmill was too close to the window, and the hotel neglected to outfit the windows with safety glass. As its defense, the hotel pointed out the presence of the exculpatory clause sign, clearly posted, that Ms. Statte agreed she had read prior to beginning her workout.
Requirement:
- Do you believe a guest who has agreed to be responsible for her own injuries during a workout has also agreed to be responsible for them in the presence of significant negligence on the part of the hotel?
- As the hotel manager, how might you resolve this dispute?
- Could a lawsuit have been prevented?