Question

At the Weatherford Hotel in Flagstaff, Arizona, in Room 59, a balcony extends across thirty inches of the room’s only window, leaving a twelve-inch gap with a three-story drop to the concrete below. A sign prohibits smoking in the room but invites guests to "step out onto the balcony" to smoke. Toni Lucario was a guest in Room 59 when she climbed out of the window and fell to her death. Patrick McMurtry, her estate’s personal representative, filed a suit against the Weatherford. Did the hotel breach a duty of care to Locario? What might the Weatherford assert in its defense? Explain.

Answer 1

Answer and Explanation:

The Weatherford hotel breached the duty of care as it failed to warn its guest about the unreasonable dangerous condition. Toni Lucario was a guest and it was it was the duty of the hotel to make its premises safe for her and for that the hotel has failed.