Trotsky is on a business trip, and rents a room at the luxurious Dew Be Us Hotel Complex. The hotel does not have a nighttime desk clerk and leaves the lobby empty all night long. Jacson walks in, takes Trotsky's room key from behind the counter, and goes to Trotsky's room. He robs Trotsky and stabs him with an ice pick. Trotsky survives and sues the hotel in negligence. How will Trotsky prove his case? How might Dew Be Us Hotel defend itself? Who wins and why?
Well, the problem always must be viewed for the following elements: duty, breach, and damages.
Let's address the easy one, first. Trotsky was clearly damaged - his physical injuries clearly qualify. Harm to one's person is one of the fundamental damages in tort law.
There remains the question of what duty, if any, was breached.
We determine duty by examining the relationship between the parties. Trotsky is a customer of the hotel. A hotel customer pays money to a hotel to have a place to stay for the ...
Negligence case scenario is considered.