Ethics and law

• Duties of Care


  Legal obligation that requires a particular standard of conduct
• Hospitality operators


  • Owe a duty of care to those individuals who enter their establishments
  • Can encounter a variety of duties of care due to the wide variety of facilities they operate
• Duties of Care


  • Providing a reasonably safe premise
  • Serving food and beverages fit for consumption
  • Serving alcoholic beverages responsibly
  • Hiring qualified employees
  • Training employees properly
  • Terminating employees who pose a danger
  • Warning about unsafe conditions
  • Safeguarding guest property
• Torts


  A civil wrongful act against an individual, in the same way that a crime is a wrongful act against the country
• Intentional Torts


  • Assault
  • Battery
  • Defamation
  • Intentional infliction of emotional distress
  • Intentional interference with contractual relations
• Unintentional Torts


  • Negligence
  • Gross negligence
• Negligence


  Occurs when a person or organization does not practice reasonable care in a situation
• Elements of Negligence


  • A legal duty of care is present
  • The defendant (operator) has failed to provide the standard of care needed to fulfill that duty of care
  • The defendant's failure to meet the legal duty was the proximate cause of the harm
  • The plaintiff (guest) was injured or suffered damages
• Gross Negligence


  Occurs when an individual or organization behaves in a manner that demonstrates a total disregard for the welfare of others
• Strict Liability


  A hospitality organization can be found liable for damages to others even if it has not acted negligently or intentionally
• Compensatory Damages


  Actual, identifiable damages that result from wrongful acts
• Compensatory Damages


  • Doctor, hospital, and other medical bills
  • Pain and suffering
  • Lost income as a result of an injury
  • Cost of repairing damage to a piece of real or personal property
• Punitive Damages


  Monetary amounts used as punishment and to deter the same wrongful act in the future by the defendant and others
• Responding to Accidents


  • Call 911
  • Attend to the injured guest
  • Be sensitive and sincere
  • Do not apologize for the accident
  • Do not admit responsibility
  • Do not offer to pay for any expenses
  • Do not discuss the cause of the accident
  • Do not correct employees at the scene
  • Conduct a complete investigation
  • Only share details with those who need to know
  • Keep all records and other evidence
• All hospitality businesses must operate in a reasonably safe manner to avoid potential liability for accidents and injuries that occur to their guests
• The way staff respond can have a significant impact on the consequences that arise from an accident