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Questions Essay

465 words - 2 pages

Week 3 : Negligence, Product Liability, Warranties, and Really Hot Coffee - Homework ES

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The problem is found on page 314 of your textbook. Here is it, recapped:
2. Douglas Margreiter was severely injured in New Orleans on the night of April 6, 1976. He was the chief of the pharmacy section of the Colorado Department of Social Services and was in New Orleans to attend the annual meeting of the American Pharmaceutical Association. On Tuesday evening, April 6, Mr. Margreiter had dinner at the Royal Sonesta Hotel with two associates from Colorado who were attending the meeting and were staying in rooms adjacent to Mr. ...view middle of the document...

The police who found him said they thought he was highly intoxicated, and they took him to Charity Hospital. His friends later had him moved to the Hotel Dieu.
Mr. Margreiter said two men had unlocked his hotel room door and entered his room. He was beaten about the head and shoulders and had only the recollection of being carried to a dark alley. He required a craniotomy and other medical treatment and suffered permanent effects from the incident.
Mr. Margreiter sued the hotel on grounds that the hotel was negligent in not controlling access to elevators and hence to the guests' rooms. The hotel says Mr. Margreiter was intoxicated and met his fate outside the hotel. Is the hotel liable? [Margreiter v. New Hotel Monteleone 640 F.2d 508 (5th Gr. 1981)]

1. What are the elements of negligence that Mr. Margreiter will need to prove against the hotel in order to win his case? List the five elements here. (Points : 5)

2. Applying the facts you have from the case problem above only, lay out a case for negligence against the hotel. Use the elements to outline the case. Start with the first element, explain what facts you have for or against that element, and then continue through the five elements of negligence. If you do not have enough facts to make your case, explain what facts you would need to have in order to support a case of negligence. (Points : 10)

3. What defense(s) does the hotel have on its side? List (and define) those here. Very briefly state why you think the hotel could use this defense. (Points : 10)

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