California Court Discusses Hotel’s Duty to Guest in Recent Personal Injury Case

Earlier this month, an appellate court issued a written opinion in a California premises liability case requiring the court to discuss under which circumstances a person who attempts to come to the aid of another person, but fails to help them, can be held responsible for any preventable injuries. The court ultimately concluded that under the “negligent undertaking” theory of liability, the hotel may have assumed a duty of care to provide reasonable assistance to the hotel guest by assuring the guest’s husband that a hotel employee would check on his wife in her hotel room. The Facts of the Case The plaintiff checked into the defendant hotel, which was about an hour away from the couple’s residence. The plaintiff and her husband had been visiting the hotel for a number of years and owned timeshare privileges at the hotel. After the plaintiff arrived, her husband tried to reach the plaintiff on her cell phone. However, the plaintiff did not answer.…

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