Also known as: innkeepers · innkeeper's
Written by attorneys · grounded in primary & secondary sources — see below
A person who maintains a public establishment for the lodging and entertainment of travelers. The innkeeper owes guests a duty to protect them against unreasonable risk of physical harm and to provide first aid after learning of illness or injury.
Ivan Ivanov checked into a downtown hotel run by Isabelle Inman. While walking to his room late at night, Ivan was attacked in an unmonitored hallway. The hotel had no guard present because one was ill and the others were elsewhere. Isabelle's failure to maintain adequate security breached the duty an innkeeper owes guests to protect against foreseeable physical harm.
India Inoue stayed at a furnished apartment building owned by Inertia Dynamics. A loose towel bar in her bathroom gave way, causing a fall and injury. The court treated the owner as an innkeeper and imposed liability for the unsafe condition of the premises at the start of the stay.
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Ismael Ibrahim signed a release when checking into a resort operated by Icarus Aviation. After suffering injury from a known hazard on the property, he sued despite the waiver. The court refused to enforce the clause because an innkeeper cannot contract away the duty of care owed to guests.
An innkeeper must protect guests against unreasonable risk of physical harm and must give first aid after learning they are ill or injured. The duty lasts until the guest can be cared for by others. This special relationship creates an affirmative obligation not imposed on ordinary property owners.
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Yes. Courts recognize that an innkeeper must use due care to protect guests against foreseeable criminal acts by third parties. The duty is one of reasonable care under the circumstances rather than strict liability for every incident.
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Evidence of industry custom is admissible to show what reasonable innkeepers do but is never conclusive. A jury may still find that following a widespread but risky practice constitutes negligence if a reasonably prudent operator would have acted differently.
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A guest may be barred by implied assumption of risk when she fully understands a specific danger, voluntarily encounters it, and shows willingness to accept it. Warnings and visible conditions can establish the knowledge element needed for the defense.
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…Stowe should not be read as rejecting implied warranties by landlords generally but only the equation of such warranties to an innkeeper's warranties. [^maj-1]: We do not determine whether strict liability would apply to a disclosed defect. (See Luque v. McLean (1972) 8 Cal.3d 136, 141-146 [104 Cal. Rptr. 443, 501 P.2d…