326 Chapurl1 Your Responsibilities for Guests\' Property ANALYZE THE SITUATION 1

Question

326 Chapurl1 Your Responsibilities for Guests' Property ANALYZE THE SITUATION 11.1 TRACI KENNEAR CHECKED INTO the Pullman House Hotel. During her stay, jewelry with an estimated value of $5,000 was stolen from her hotel room. Ms. Kennear maintained that the hotel should be responsible for the jewelry's replacement and sued the hotel for the amount of the sto- len jewelry. The hotel stated that its liability was limited to $300 under state law, because Ms. Kennear failed to deposit the jewelry in the safe deposit boxes provided by the hotel. Ms. Kennear's attorney countered that the notice of the law, which the legislature stated must be "conspicuously posted" in order to be applied, was in fact posted on the inside of a dresser drawer filled with extra blankets for the guestroom, and that, further, the type size was so small that an average person would not be able to read the notice from a distance of 2 feet. The hotel replied that the notice was, in its view, conspicuously posted, and that Ms. Kennear should have asked for help from the hotel if she could not find or read the notice. 1. Did the hotel comply with the state legislature's requirement that the notice be conspicuously posted? 2. How could the hotel manager in this case ensure compliance with the conspicuous posting requirement of the state legislature?

Explanation / Answer

1. The hotel did not comply with the state legislature’s requirement that the notice be conspicuously posted. In order to satisfy the posting requirement, the notice must be posted in the office or the public room and in public parlors of the hotel or inn apart from the guest rooms. The word conspicuously posted needs that it is plainly visible and obvious to the eye and is not hidden. Also posting in bedroom is not sufficient when there has been no posting in public and conspicuous places which includes the office and public parlors of the hotel. It should be in plain language and easier to notice. Posting the notice inside the rooms is not enough to meet the posting requirements. In this case the notice is posted inside the dresser drawer and also the drawer was filled with blankets which made it not plainly visible and was hidden. The font size also was small which made it not obvious to the eye. The notice was also not posted in office and public rooms apart from the drawer.

2. The hotel manager can ensure compliance with the conspicuous posting requirement by posting the notice in the reception office, in rest rooms for men and women, ball rooms, function rooms the elevator lobbies and the check rooms and parcel lobbies to meet the requirement of the notice to be posted in public rooms and office apart from guest rooms. It should be posted inside the guestroom in visible places like wall or on the wardrobe which is plainly visible and make sure it is not inside the doors or hidden by something. The font size also should be increased to make it obvious to the eye.

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