John Panda was a guest at the Vacation Inn Express, a mid-priced, limited service hotel in...

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John Panda was a guest at the Vacation Inn Express, a mid-priced, limited service hotel in an urban area. When he arrived at the hotel he inquired about the availability of a workout room. Upon receiving assurances that the hotel did indeed have such an area, Mr. Panda checked into the hotel, put away his luggage, changed into workout attire and proceeded to the workout area. Upon entering the workout room, he noticed a sign prominently posted near the entrance to the workout room stating: "Hotel Not Liable for Any Injuries Incurred During Workouts." According to his attorney, Mr. Panda lifted deadweights for approximately 10 minutes, and then mounted a treadmill. As an experienced treadmill user, he started slowly, gradually increasing the treadmill's speed. Shortly after beginning the treadmill workout, Mr. Panda fell backward into a plate-glass window that was approximately 2 feet behind the treadmill. The glass shattered and shards from the glass severely injured Mr. Panda. Mr. Panda's attorney claimed the accident was the fault of the hotel because the treadmill was too close to the window, and the hotel neglected to outfit the window with safety glass. As its defense, the hotel pointed out the presence of the exculpatory clause sign, clearly posted, that Mr. Panda agreed he had read prior to beginning his workout. 1. Do you believe a guest who has agreed to be responsible for his own injuries during a workout has also agreed to be responsible for them in the presence of significant negligence on the part of the hotel? 2. As the hotel manager, how might you resolve this dispute? 3. Could a lawsuit have been prevented? John Panda was a guest at the Vacation Inn Express, a mid-priced, limited service hotel in an urban area. When he arrived at the hotel he inquired about the availability of a workout room. Upon receiving assurances that the hotel did indeed have such an area, Mr. Panda checked into the hotel, put away his luggage, changed into workout attire and proceeded to the workout area. Upon entering the workout room, he noticed a sign prominently posted near the entrance to the workout room stating: "Hotel Not Liable for Any Injuries Incurred During Workouts." According to his attorney, Mr. Panda lifted deadweights for approximately 10 minutes, and then mounted a treadmill. As an experienced treadmill user, he started slowly, gradually increasing the treadmill's speed. Shortly after beginning the treadmill workout, Mr. Panda fell backward into a plate-glass window that was approximately 2 feet behind the treadmill. The glass shattered and shards from the glass severely injured Mr. Panda. Mr. Panda's attorney claimed the accident was the fault of the hotel because the treadmill was too close to the window, and the hotel neglected to outfit the window with safety glass. As its defense, the hotel pointed out the presence of the exculpatory clause sign, clearly posted, that Mr. Panda agreed he had read prior to beginning his workout. 1. Do you believe a guest who has agreed to be responsible for his own injuries during a workout has also agreed to be responsible for them in the presence of significant negligence on the part of the hotel? 2. As the hotel manager, how might you resolve this dispute? 3. Could a lawsuit have been prevented?

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1 Exculpatory Clause and Negligence Mr Panda agreed to a disclaimer stating that the hotel is not liable for injuries during workouts However the enfo... View the full answer