Overview
Respond, with a minimum of 450 words, to the questions arising out of the following scenario. Provide sources to support legal assertions.
Peleg and Lizzie Gardner, newly married, were honeymooning in the pacific northwest. One stop along their trip was Olympic National Park in Washington State, where the couple intended to spend their days hiking. For this leg of the journey, Raul had reserved a three-night stay at The Mountain Resort Hotel & Spa.
When the Gardners checked in, they noted a sign behind the front desk stating that the hotel provided a safe for guests’ valuables. The safe was located in the hotel manager’s office, and guests were encouraged to check valuables. The sign further provided that the hotel would only be liable for up to $1000 the value of the items stored for safekeeping. The Gardners decided to store their new wedding rings in the hotel safe given their value. Even though the rings, together, were valued at approximately $6000.00, the Gardners concluded that the jewelry would certainly be safer if stored in the hotel safe than in their rooms while they were hiking. On the way to their room, the Gardners noticed a similar sign in the sole elevator about the availability of a hotel safe for valuables. The sign was not posted in locations other than behind the front desk and in the elevator.
At the end of their stay, Raul and Jonathan went to check out. They provided the clerk at the front desk with the signed receipt they were given when they placed their rings in the hotel safe. The clerk left to retrieve the rings but came back to the front desk distraught. The rings were not in the safe. A hotel manager was called, and a search ensued, but the rings were never found.
The Gardners filed a lawsuit against Mountain Resort seeking damages in the amount of $15,000, which represented the increased cost to replace the rings and damages associated with the emotional distress caused by the loss of their wedding rings. The suit was filed when the hotel refused to reimburse the Gardners for the loss of the rings citing Washington’s Limiting Liability Statute.
Are the Gardners entitled to recover, or will the hotel prevail? Explain your answer fully with reference to all relevant laws.
Before submitting your assignment, please review the LAW2005 Writing Assignment Rubric (.docx)
Submit your completed assignment by 4/17 at 11:59 pm ET.
Textbook Readings:
Washington State Hospitality Law Manual
Part I, Chapter 6
Outlining the evolution of the law with respect to a hotel’s liability for a guest’s property, this Chapter also informs students of who is liable for the loss or damage to property under current statutory and common law rules.
Part I, Chapter 7
The liability of a hotel for property of non-guests is covered in the readings in this chapter, with special attention paid to the law of bailment.
Week 5 Videos