Hotel Operators need to make sure they are taking the necessary precautions to protect their guests.

As more hotels try to meet revenue and profitability targets some hotel owners are taking more risk with reduced staffing and abbreviated room attendant service. While in many cases these practices may be necessary and sound business practices, reducing guest service measures could signal a failure to provide necessary care. Throughout the US, many hotels have targeted and in some cases been able to capture healthcare and quarantined or infected patients' business. Experts warn that this is a new frontier as it relates to liability on the part of the hotel owners/operators. It may be difficult for an employee or a guest to prove negligence on the part of the operator, however, here are a few things to consider. In order to prove a negligence claim, a plaintiff must demonstrate that (1) the defendant owed the plaintiff a duty of care, (2) the defendant failed to meet that duty, (3) the defendant's failure to meet its duty caused the plaintiff harm, and (4) the plaintiff was injured or suffered damages as a result of such failure. Identifying the duty of care is highly fact specific.

Owners and operators must bear in mind that they have a duty to protect guests and employees from unreasonable risk of physical harm, but what is "unreasonable" will depend on the circumstances. Experts agree that hotels are not guarantors of their guests' and employees' well-being, but they must provide a standard of care that a guest or customer would reasonably expect in terms of safety and services during their visit.

While it is too early to review any published decisions on COVID-19-related negligence claims, past litigation over outbreaks of other infections and diseases may provide insight into how courts identify the duty of care owed by hospitality facilities during this time.

In conclusion, hotel operators need to do more than less. It is recommended that owners maintain documentation of staff training as well as clear and consistent information for guests outlining the steps the hotel has undertaken to further safeguard all guests. This landscape is changing very rapidly and the operators/owners that remain vigilant, informed, and implement optimal guest and employee safety measures on a consistent basis will minimize their risk of liability.

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