A guest slipped and fell in a hotel bathroom and injured his ankle. The
court, in Klassen v Blue Lagoon Hotel and Conference Centre had to
decide if the hotel was negligent and had to pay the guest damages.
The defendant disputed liability,
alleging that the plaintiff was drunk at the relevant time. It also relied on a
disclaimer notice to guests, indicating that the hotel would not be responsible
for any personal injury to guests whether such injuries or loss were sustained
by the negligent or wrongful act of anyone in the employment of or acts on
behalf of the defendant.
Held that
the Court was satisfied on the evidence before it, that the plaintiff had
injured his ankle when he slipped and fell in the defendant’s toilets. It also
accepted that when the plaintiff checked in at reception, he completed and
signed a registration card and that the said card contained the exemption
clause relied on by the defendant. Furthermore, the disclaimer notices were
displayed at the motor vehicle entrance and the guardhouse.
The test for negligence is whether a
reasonable person, in the same circumstances as the defendant, would have
foreseen the possibility of harm to the plaintiff; would have taken steps to
guard against the possibility; and whether the defendant failed to take those
steps. The evidence established that the defendant had a properly functioning
cleaning system in place, and that it took reasonable precautions in ensuring
that the toilet facilities were kept in a clean and dry condition and that they
did not pose a danger to its guests.
Finding no negligence, the Court
dismissed plaintiff’s claim.
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