A Review of Certain Liabilities in the Hotel Industry

1. A Review of Certain Liabilities in the Hotel Industry 22nd IFTTA International Conference In Rome, Italy 2nd September 2010 By: Dr. Jacqueline Tanti Dougall B.A., LL.D.

2. Dr. J. Tanti-Dougall B.A.; LL.D.

3. Claims by Guests and Staff Dr. J. Tanti-Dougall B.A.; LL.D.

4. What Laws are applicable with regard to Hotel Liability?

5. Can the Hotel rely on payments offered by insurance…? Dr. J. Tanti-Dougall B.A.; LL.D.

6. What are the Invisible Costs? Dr. J. Tanti-Dougall B.A.; LL.D.

7. THE INTERNET NEWS - 1st February 2009 THE WORLD’S FAVOURITE NEWSPAPER www.dailynews.com “Legionnaires` Disease Scare in Luxury Dubai Hotel After Death of Cricket Broadcaster” IA luxury hotel (Westin Dubai) is being wracked by fears of the Legionnaires` disease. Already a noted cricket broadcaster from the UK has died. Two other have reported sick. Cricket statistician and commentator Bill Frindall died on Thursday after leaving Dubai.

8. The Westin News Wed. 4 February 2009 LEGIONELLA NEWS www.arabianbusiness.com/545702. “Westin gets “all clear” for Legionella after death scare.” The inquiry was launched at the five star hotel by the Dubai Nationality in coordination with the Dubai Health Authority last week, after the death of BBC radio cricket scorer Bill Frindall, who stayed at the hotel two weeks ago… A total of 24 water samples were taken from air conditioning and water systems across the hotels facilities – all of which proved negative, according to Lootah, the director general of the municipality. The test results proved beyond doubt that three locations at the hotel and all of them tested negative. The hotel had, in fact, conducted its routine tests three times since it opened its doors in May 2008,” Lootah said.

11. Civil Code: Chapter 16 of the Laws of Malta A person shall be deemed to be in fault if, in his own acts, he does not use the prudence, diligence and attention of a bonus paterfamilias. • Article 1032:

12. Arthur George Lambert versus Anthony Buttiegieg; 18 April, 1963 • The plaintiff`s 14 year old son died of asphyxia by poisoning of Carbon monoxide • Modern Imperial Hotel – Malta (now closed) • Buttigieg the owner, contracted another company to install water heater in the bathroom which did not have any ventilation.

13. Dr. J. Tanti-Dougall B.A.; LL.D.

14. Forestals Directors – Most liable • The Contractor who carried out the works for installing these Butane Gas in Malta, were found to be the most responsible, because they should have known of the dangers of Butane Gas, and it was through their imprudence that the boy died. • They should have known of the dangers when there is no means for the gas to escape, and how important a “flue” was for the escape thereof.

15. The Hotelier • The hotelier was found two fifths responsible for the death of the boy because of lack to due diligence when he commissioned the installation of butane gas in such a small bathroom. • The Court stated that it is general knowledge that one should not install butane gas due to the dangers that it imposes, in small rooms, without having the necessary precautionary measures installed. It was his obligation to find out what were these precautionary measures. Dr. J. Tanti-Dougall B.A.; LL.D.

16. The Hotelier • It was the duty of the Hotelier to check that these precautionary measures were taken. • Moreover, there were no warnings in the room available that when the gas heater is switched on, the window or the door should remain open for ventilation. Dr. J. Tanti-Dougall B.A.; LL.D.

17. The Employee of the Contractor • He was also found partly responsible for the death of the boy, because he received instructions from his employer, knowing full well that the installation was faulty. • One cannot hide from his own responsibilities, and state that the contractor told him to carry out the works, knowing full well that the instructions were not correct. Dr. J. Tanti-Dougall B.A.; LL.D.

18. Doris May Mounfield versus Suncrest Hotel Co. Ltd. • Decision : 20th February 2009 by the Maltese Court of Appeal. • 11 August 1987: Date of Accident • 2009 – 1987 = 22 YEARS • The Plaintiff was 48 at the time of Accident • The Plaintiff was 70 at the time she had a decision. Dr. J. Tanti-Dougall B.A.; LL.D.

19. Facts of the case: • Doris May Mounfield slipped by the pool on a slippery surface, in a patch were there were no mats available in that particular area at the Suncrest Hotel (Malta).  ? Dr. J. Tanti-Dougall B.A.; LL.D.

20. The Court argued that on a balance of probability, the accident or incident happened because the hotelier did not fulfill his expected obligation. Consequently, he failed to do something which he was obliged to do.  • Indeed, just like the employer who is obliged to provide a safe system of work, so too, the hotelier is obliged to provide a safe environment at all times to the guest. This failure on the part of the hotelier, is what gives rise to an action for damages.  Dr. J. Tanti-Dougall B.A.; LL.D.

21. The defendant argued that in 20 years, this accident never happened in his hotel.  • This line of argument was never accepted by the Maltese Courts, and consequently it does not reduce the burden of responsibility. • The Court further counter-argued this statement by stipulating that “the fact that the system adopted had been in use for years without incident is not proof that the system is safe.  The accident in question justifies this“ Dr. J. Tanti-Dougall B.A.; LL.D.

22. The factthat the plaintiff had suffered grave injury when she slipped on a slippery surface, indicates that the defendant company failed to provide a safe environment • “An organization must justify and must guarantee its integrity and the safety and security for the client.” • The plaintiff was awarded Euro 87,906 plus 8 per cent interest from when the incident occurred (i.e. 22 years) by the defendant company.  Dr. J. Tanti-Dougall B.A.; LL.D.

23. Prescription • What is the prescription term in relation to this accident? • Two years or five years? • Is such a type of accident defined under the Law of Tort/Quasi Tort? Dr. J. Tanti-Dougall B.A.; LL.D.

25. The Relationship between the Hotelier and the Guest? • The Court concluded that there is a pre-contractual obligation between them. • However, the Court left it in the hands of the Guest, since one would have the two kinds of actions in his favour. • It is clear that when a guest suffers an injury, it is a breach of an obligation on the part of the hotelier. Dr. J. Tanti-Dougall B.A.; LL.D.

26. Evans versus Kosmar Villa Holidays (November 2007) Dr. J. Tanti-Dougall B.A.; LL.D.

27. Dr. J. Tanti-Dougall B.A.; LL.D.

28. Project Description • Objective • Add your objective here • Results • Add your results here

29. Employer's Duties: Creating a Safe System of Work by providing: Dr. J. Tanti-Dougall B.A.; LL.D.

30. Definition of a Health and Safety System Dr. J. Tanti-Dougall B.A.; LL.D.

31. Fire Escape Doors Dr. J. Tanti-Dougall B.A.; LL.D.

32. Alexia Muscat versus Public Health – 7th July 2009 • On 30th October 1999, Alexia Muscat was a nursing aid with the Public Health. • She fell from a ladder. The plaintiff was 24 when the accident occurred, and that she had a 10 per cent disability, the Court decided that the defendant was to pay the plaintiff a sum of Euro 31,446.54c, together with all the Court expenses. Dr. J. Tanti-Dougall B.A.; LL.D.

33. The Fan Dr. J. Tanti Dougall LL.D.,

34. DO NOT BE A TARGET FOR ACCIDENTS! Dr. J. Tanti-Dougall B.A.; LL.D. Only in Malta.com

35. Thank You for Your Attention Tanti-Dougall& Associates Advocates jtd@tdlegal.com Dr. J. Tanti-Dougall B.A.; LL.D.