Please read the case study from your textbook - Turner v. Holiday Inn Holidome (pg. 238, Case Study 6-13).

1. What should the hotel have done to avoid the problems that led to liability? Describe at least 3 things that hotel should have done.

2. Was the hotel liable for negligence per se? Why or why not?

TETET E B - FR6 Negligence and Hospitality Practices 237 available, and, depending on the circumstances and state or local law, have quali fied personnel on hand, the defendant did all of this An example of a facility ignoring pool safety precautions is provided in Case Example 0-13. As it illustrates, disregard of basic safety requirements can result in serious injury or death to a guest and liability to the hospitality facility CASE EXAMPLE 6-13 Turner v. Holiday Inn Holidome 721 So.2d 64 (La. 1999) Krystal Tumer was the 12-year-old daughter of Ms. Eliza Turner. Chosen to be a member of the Jefferson Parish Recreation Department's All- Star girl's basketball team, Krystal was taken to the Holidome in Houma (Louisiana) to participate in a basketball tournament. While there she went swimming in the Holidome's pool and drowned.... At check-in at the Holidome, Frey (the team's coach) was not informed of any rules or regulations regarding the children's use of the swimming pool. After the tournament game on Saturday, which finished at 7:00 p.m., the group went to eat. They finished at around 8:30 p.m., arriving back at the hotel at around 9:00 pm. The pool closed at 10:00 p.m. Most of the kids went in the pool. There were a lot of people in the pool at that time, somewhere between 30 and 50.... Frey first realized there was a problem when someone yelled for him; he turned and saw Krystal in the arms of another player. Someone began to administer CPR; Frey ran to call 911.... There was no lifeguard at the pool, nor were there any buoys or lifelines.... Holidome has had biddy basketball teams come to stay for several years, and the manager knew there would be children using the pool. He knew there would be eight or nine groups of children from southeastern Louisiana on that particular weekend. Holidome had no regulation as to the number of people who could use the pool at one time. The manager knew that the pool ope, or life line at the deep end (which separates we shallow and deep sections of the pool and alerts Swimmers that the depth is changing] had broken, but he could not remember when it happened. He knew that the pool became cloudy when subjected to heavy use, and if employees could not see the bottom, they were instructed to close the pool. Safety devices included a "shepherd's hook' (a long pole with a hook on the end), and a life ring located on the wall adjacent to the pool. A security guard employed on the night of the accident testified that there were torty or fifty children in the pool on that night and about one hundred people around the decking, at the tables, etc. There were problems with some children running and diving. The pool water started to get cloudy, and he could not quite see the bottom of the pool. There were no life lines in the pool. Both of the security guards on duty and the manager were called to different parts of the hotel for different reasons: when he returned to the pool area, the accident had taken place. Mr. Doky, the brother of one of the team players, testified that he swam to retrieve a ball and when walking back he stepped on something and assumed it was a toy. He looked down to see what It was but could not see to the bottom. A few seconds later, he again went to get the ball, at which time he decided to see what was in the water. At that time he found Krystal's body. This was at about six-foot depth level. He swam back to the top of the pool and because it was so loud, he had to scream a few times to get the attention of the coaches. He went back under and brought the body up, pushing her to the side of the pool... (Krystal's mother sued the Holidome for negligence. We find that Holidome acted unreasonably by maintaining its pool in an unsafe manner the testimony establishes that Holidome never employed a lifeguard. The management of the hotel knew that a number of teams of children ages 10-12 would be staying that weekend for the tournament, and had the authority to request a temporary lifeguard, yet failed to do so. Furthermore, there was no one with water safety training assigned to monitor the safety and (continued) 238 UNIT II Negligence that the water in the security of the swimmers. Management was aware from previous experience that these young guests usually use the pool area. There were] no rules relative to pool capacity, and the pool was, by all accounts, very crowded in the evening. The surrounding area was also extremely crowded and very noisy, making it unlikely that a swimmer in distress would be readily observed. The pool had no safety rope or lifeline at the deep end of the pool, and the rope had been missing for some time. Depth markers inside the pool did not display the pool depth at seven and one-half feet, and the deck marker of that depth (located on the outside of the pool was difficult to see from inside the pool. Lack of these markers and safety ropes were violative of the Louisiana Sanitary Code. Testimony also established that the water in pool was cloudy by the time Krystal drowned the extent that the bottom of the pool obscured. The effect of this is obvious because when Mr. Doby touched Krystal's body with his foot, he did not know that he stepped on the body of a child, perhaps at that point still viable able to be resuscitated), but thought he had touched tov. No one could see Krystal at the bottom of the pool. The whole purpose of maintaining clear water, providing a lifeguard, guarding against overcrowding, providing a safety rope and depth markers, is to insure that there are not acciden in the pool, specifically drownings. In summary Holidome had a duty to act in a reasonable manner, which duty is breached. and the deck marker of that depto see from inside