Early in the 2000s, a child drowned after crawling through a hole in the fence of a pool that had been abandoned due to repairs. His mother attempted to rescue him, but she also died; both fatalities were ruled to be because of the hotel owner’s negligence. After considering Bennett vs. Stanley, the Ohio Supreme Court created the “attractive nuisance” doctrine for cases such as these.
Owner Liability: The owner is responsible for assuring that visitors, guests, and even trespassers are safe and avoid injury.
Premise Liability: The owner is liable for the maintenance and security that the property needs to remain safe for all visitors.
For hoteliers, below is a list of precautions/preventative measures to be mindful of:
- Pools should be fenced and covered at night
- Safety equipment should be stored/locked
- Cracks/gaps in walkways should be fixed
- Hazardous tools, equipment, and chemicals should be locked away from the public
- Security guards should be hired and trained
- Fire alarms must be installed and tested
- Smoke and carbon monoxide detectors should be frequently monitored.
It is your responsibility to ensure all individuals are safe on your property. When risks are overlooked and the necessary precautions are ignored, a tragic loss of life can occur, and the chance for a costly settlement increases.
Contact us today to connect with an expert on our team who can evaluate your needs and help you ensure your business coverage can protect you in the event of a loss.
Disclaimer
This material has been prepared for informational purposes only and was generated from information provided to BKS from the client and/or third-party sources. Therefore, BKS makes no warranty or representation(s) as to the accuracy or appropriateness of the data and/or the analysis herein. This information is not intended to provide, and should not be relied on for, tax, legal, or accounting advice. You should consult your tax, legal, and accounting advisors for those services.
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