Hospitality law is a legal and social practice related to the treatment of a person's guests or those who patronize a place of business. Related to the concept of legal liability, hospitality laws are intended to protect both hosts and guests against injury, whether accidental or intentional.
Duty to guests
Hotels and other business operators are expected to "act prudently and use reasonable care" to ensure that their premises are (reasonably) free of risk. While not specifically requiring that a business owner ensure his guests are safe, most jurisdictions interpret 'prudent and reasonable' to include foreseeable dangers, such as tripping hazards or unsecured shelving.
In most cases, unless directly disclaimed (for example, with some insurance waivers), hospitality law does not protect a business owner against charges of
negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a ...
.
Use in common law
Common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
holds innkeepers liable for any loss of guest property when the guest is on the premises of a place of business; in practice, such liability is often overlooked provided that the business owner meets certain conditions (such as having a guest sign a waiver of liability). In most countries, for liability waivers to be enforceable, notification of the waiver must be posted in an accessible, visible location (usually at the front desk or in a common area of the business), and must be printed in clearly legible text.
American hospitality statutes also govern
bailment
Bailment is a legal relationship in common law, where the owner transfers physical Possession (law), possession of personal property ("chattel") for a time, but retains ownership. The owner who surrenders custody to a property is called the "ba ...
s. A bailment is the "delivery of an item of property, for some purpose, with the expressed or implied understanding that the person receiving it shall return it in the same or similar condition in which it was received, when the purpose has been completed." Coat checks, safety deposit boxes, and luggage storage are common examples of bailments for the hospitality industry.
The ''Laws of Innkeepers'' by John E.H. Sherry
[Third Edition, Published by Cornell University Press] provides an in-depth analysis of the laws affecting places of public accommodation.
See also
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Hospitality
Hospitality is the relationship between a guest and a host, wherein the host receives the guest with some amount of goodwill, including the reception and entertainment of guests, visitors, or strangers. Louis de Jaucourt, Louis, chevalier de J ...
*
Nanawatai Nənawā́te ( ps, ننواتې, "sanctuary") is a tenet of the Pashtunwali code of the Pashtun people. It allows a beleaguered person to enter the house of any other person and make a request of him which cannot be refused, even at the cost of the ...
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Sanctuary
A sanctuary, in its original meaning, is a sacred place, such as a shrine. By the use of such places as a haven, by extension the term has come to be used for any place of safety. This secondary use can be categorized into human sanctuary, a saf ...
Notes
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Business law
Hospitality industry