According to Florida law, a hotel has a duty to use reasonable care to maintain the premises in a safe condition, warn of concealed perils known to the hotel and conduct inspections:
As a registered guest, Yuniter was a business invitee of the motel. See Steinberg v. Irwin Operating Co., 90 So.2d 460 (Fla.1956). As such, she was owed two duties by the motel: “(1) to use reasonable care in maintaining the premises in a reasonably safe condition; and (2) to give the invitee warning of concealed perils which are or should be known to the landowner, and which are unknown to the invitee and cannot be discovered by him through the exercise of due care.” Emmons v. Baptist Hosp., 478 So.2d 440, 442 (Fla. 1st DCA 1985). These duties do not involve insuring the safety of business invitees, or exercising more than ordinary care. Id.
In fulfilling the first duty to maintain the premises in a reasonably safe condition, landowners must conduct inspections appropriate for the premises involved. “Generally questions concerning whether a proper inspection, if made, would have revealed alleged defects are considered genuine triable issues.” Black v. Heininger, 163 So.2d 3, 6 (Fla. 2d DCA 1964).
See: Yuniter v. A & A Edgewater of Florida, Inc. – 707 So.2d 763
Note: This case is related to an injury caused by a broken chair and not a hotel slip and fall case. Slip and fall cases caused by transitory substances on the floor are controlled by Florida Statute 768.0755.
Related:
Slip and Fall in Your Hotel Shower
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