Liability of Hospitality Firms for Deaths On Premises: Recent Court Cases and Methods for Prevention
Proprietors and employees need to be prepared when deaths occur in hospital ity establishments. Lawsuits involving deaths-both homicides and accidents—are frequent. Innkeepers and restaurateurs are held to a standard of ordinary care, with innkeepers having around-the-clock responsibilities and restaurateurs having re sponsibility for much shorter periods of time. Water, fire, food, alcoholic beverages, and vehicles are among the most common causes of accidental deaths. The outcomes of some cases hinge upon what constitutes proximate cause of death. Wrongful death and survival claims are the bases for remedies in death cases. Practical measures for reducing the likelihood of deaths and ensuing legal problems pertain to security, accident prevention, policy adoption and implementation, record keeping, employee training, and insurance coverage.
Exculpatory Clauses: Legal Environment and Implications for the Hospitality Industry
Offering recreational amenities for guests is one way in which hotel operators compete for guests and increased revenues. Unfortunately, accidents and injuries to guests sometimes result from engaging in such activities. While certain risks may be curtailed through prudent operation and maintenance of equipment, operators may be able to insulate themselves from liability in certain instances through the use of exculpatory clauses. This article reviews the legal environment of exculpatory clauses as it relates to recreational activities and considers the implications for the lodging industry. It addresses, as well, limitation of liability for injuries resulting from the use of recreational equipment and services which are offered apart from the limited services traditionally associated with room rentals. In many instances, exculpatory clauses remain a legitimate method to reduce the risk of liability associated with many types of amusement and recreational activities offered by the hospitality industry.
Politics of Judicial Independence and Judicial Accountability in Czechia: Bargaining in the Shadow of the Law between Court Presidents and the Ministry of Justice
Judicial independence – Judicial accountability – Court presidents – Judicial politics – Separation of powers – Court administration – Judicial councils – Selection of judges – Czechia – Central Europe