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On September 15, 2018 the Plaintiff (my client) stayed at Bilton Hotels and suffered injuries due to a severe electrical shock, which caused burns and permanent loss of feeling in her left hand from the hotel’s hair dryer. She is suing for negligence, claiming that, by placing the hair dryer too close to the sink, Bilton Hotels created a hazardous environment. Write a trial brief about the negligent hotel which my client is suing for her injuries sustained as mentioned above. Did Bilton Hotels have a duty of care to their customer, Ms. Fogerty? Did they breach their duty of care?

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Hotels are not necessarily liable for any damage or harm that occurs on their property, and they do not have a duty to ensure the absolute safety of every guest under every circumstance. That being said, there is common law dictating a certain standard of care owed by a hotel to its guests. Specifically relevant to this case is a hotel’s affirmative duty to make the premises reasonably safe for their guests. Under this responsibility, hotels must warn guests of and correct potential hazards as necessary. Precedent set by case law dictates that hotels can limit their liability for losses if and when they give conspicuous notice of potential hazard to guests.

This means that there are two pertinent questions in regards to determining whether the hotel breached their duty of care to your client. Was the hair dryer defective or hazardous in such a way that the hotel would be expected to be aware of its potential danger to guests? Was there any conspicuous warning given about the potential hazards of using the hair dryer?

If the hotel had reasonable information to infer that the hair dryer was a potential hazard (for example, if there had been a similar incident in the past or the company that manufactured the hair dryer recalled the product being used), then it seems the hotel had a duty to either remove the potential hazard or warn guests of the risk. If the hotel can prove that they did provide some kind of conspicuous notice to guests about the potential hazard (for instance, if there was a tag on the hair dryer), this is a step they took to fill their duty of care to guests. If they took warning or corrective steps, their liability would be more limited.

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