liability for Utah motels and Hotels
Under Utah law, hotels and motels are not “an insurer of the safety” of their guests, but do owe their guests duties of ordinary care. Those duties include the duty to maintain adequate security measures on the premises. According to the Utah Supreme Court, a hotel or motel’s failure to employ adequate security measures may “encourage intruders to rob, assault, or murder hotel patrons.”
Under Utah law, “an innkeeper is not an insurer of the safety of its guests but owes to them ordinary care to see that the premises assigned to them are reasonably safe for their use and occupancy.” Mitchell v. Pearson Enters., 697 P.2d 240, 243 (Utah 1985) (citations omitted); see also Moore v. James, 5 Utah 2d 91, 297 P.2d 221, 223 (Utah 1956) (same); Licari v. Best Western Int’l, Inc., 2013 WL 3716523 *3 (D. Utah July 12, 2013). The amount of care required “will vary with the nature of the act and the surrounding circumstances.” As such, the degree of care required is a question of fact which varies according to the circumstances and location of the hotel.” Id. In determining the amount of care required, “it is foreseeable that an innkeeper’s failure to maintain adequate security measures not only permits but may even encourage intruders to rob, assault, or murder hotel patrons.” Id. As such, it is well-established that “a hotel must provide security commensurate with the facts and circumstances that are or should be apparent to the ordinary prudent person.” Id.
call a Utah personal injury attorney
Shane has significant experience litigating claims against Utah hotels and motels, including wrongful death claims. If you or one of your loved ones has been injured at a Utah hotel or motel, call Shane immediately. He has significant litigation experience. He represents injured clients in catastrophic injury cases throughout Utah, including significant experience making claims against Utah hotels and motels. Call Gosdis Law immediately to discuss your case.
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