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Christine Heath
Normally, guests often ask hotel staff for recommendations such as where to eat, what to see, and which beaches to spend the day on. But if something happens at a recommended location, is the hotel responsible?
In a recent case in Hawaii, a court was asked to decide when a man sued a Maui resort based on an employee’s beach recommendation. The guest drove to a state beach park with “dangerous beach” warning signs posted, went into the water and was struck by a wave and paralyzed.
Even though the beach is more than 3 miles from the resort, the man argued, the resort “has a greater duty to warn guests of potential hazards regardless of the topography.” The resort, on the other hand, said it had nothing to do with the beach and pointed out that there were beach warning signs during the visit.
Ultimately, the court ruled that the hotel was not liable because it “did not have a general duty to warn its guests beyond the property” and the hotel employee “made no representation or warranty as to safety.”
“Primarily, hotel owners and operators and the top 110,000 American Hotel and Lodging Association members in Hawaii work to promote on-site safety and enhance the experiences of our guests and our residents,” he said. Kekoa McClellan, speaking on behalf of the Hawaii Hotel Alliance. “It’s a challenge for industry security professionals and people working in and around our hotels to manage security outside of us. Responsible (responsibility).
“There’s only so much we can do,” he continued. “Of course, we can’t take responsibility for where our guests leave our properties, we can’t take responsibility for their actions. But we can set a strong message that the world needs to hear: Hawaii is open, but come and be aware. Come and be respectful. Respect means respecting the people and the place where you stay. They are given to us to enjoy as our wonderful natural landscape, not without danger.”
Although unusual, this was not the first time a hotel had been damaged on the beach. Court documents detail at least one incident in which a hotel was convicted, showing that certain circumstances made a big difference in the outcome.
“Our counties do a great job promoting ocean safety, and hotels and organizations representing the visitor industry have partnered with our counties and state on ocean safety for decades,” McClellan said. “We will continue to promote these partnerships. We will continue to promote awareness of the extreme nature of our beautiful ocean playground.”
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