The subsequent surgeries and medical issues were proven to have a permanent effect upon his livelihood as well as permanent brain damage. With the lack of earnings, the trauma to his life, and his pharmaceutical expense, the Court did not find it necessary to reduce his award or find any evidence of fault other than the hotel.
Part 2 -- the Normann case -- the Court indicates that regarding safety, "The law imposes upon innkeeper's at least ordinary or reasonable care to protect their guests against injury by third persons, and some cases call for the exercise of a higher degree of care." The claims that the hotel permitted criminals to wander through the hotel, filed to maintain a competent staff, adequate security personnel, even to summon to police or have the hotel security officer investigate the incident all show gross negligence on the part of hotel management and owners.
Part 3 -- a) the Norman case was stronger than the Margreiter case in some ways because it had more detailed and robust evidence of longer term negligence by the hotel; however, an exception with the Margreiter case was a clear warning of premeditated criminal activity prior to the event. B) the presumption that an innkeeper has a basic, minimum standard of security to provide to its guest was clearly lacking at the hotel; as was adequate security. No one would believe that a hotel of 1200-1500 people could be adequately protected with no security equipment, emergency alarms, and one security guard (who was, at the time, ill and off...
if, however, the plaintiff is able to prove that the defendant hotel failed to follow its own procedures in regard to the elevators and guests' rooms to the point that security was compromised then the plaintiff may be able to prove an actionable breach. The injury and damages aspect of the plaintiff's case are clearly present and should not be the easier portion of the plaintiff's case. The nature of
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