A Limiting Statute
A limiting liability statute is a set of rules that define rights, obligations and responsibility of hotel employees together with their relations with guests. There are also requirements to the location of the notice regarding limited liability of the hotel. There is an issue whether the hotel will be entitled to limited liability in case it fails the requirements to post the notice in a hotel lobby but not fails to post it in other required places. This issue should be considered in the light of theory and judicial practice. Hotels are liable for personal belongings of guests. Controversially, they are limited in this liability.
Kourosh Akhbari (2015) defines this liability as “premise” that provides owners of premises or land with legal responsibility for loss and injuries incurred by other persons on the territory of property. There is, for example, responsibility for improper conditions that cause danger and negligence of employees. In the considered case, the failure to post a notice in the lobby may be dealt with negligence act of the employee of the hotel.In general, the statute requires to provide the quest with the notice in specific form and size that informs guests of particular hotel about limiting of its liability in case of stolen property of guests, negligent acts of employees and failure to provide safe conditions in premises of the hotel.First of all, there is a conflict between actual knowledge of the limiting liability statute and posting of the notice The guest should be aware of limited liability of the hotel under the statute.
Richard K. Westbrook (2008) states that the verbal notice regarding limited liability of the hotel is more risky than posting the same in the hotel premises. The example may be illustrated in case Johnston v. Mobile Hotel (1936) when the notice was not posted in the hotel premises failing the requirements of limiting liability statute. On the other hand, the representative of the hotel argued that the guest had actual knowledge about as he signed the register with information from notice. The court declined previously mentioned argument stating that even actual notice of the client is not in accordance with the limiting liability statute. The other thing is that in order to limit the liability of a hotel the statute must meet the requirements of the location. It means that the hotel employee must not only provide the client with the specific notice, but also to situate it in admissible place. The courts require from hotels following the rules of posting notices.
The liability of the hotel may depend directly from the way of posting even the hotel is in compliance with limited liability statute. The examples of strict attitude of the courts to this issue may be considered in American judicial practice.In case Gillett v. Waldorf Hotel Co (1925) the hotel in New York was found liable notwithstanding its compliance with the limiting liability statute. The circumstance that court took into account was that the notices in hotel register did …
