Business Law Today, Comprehensive 10th Edition by Roger LeRoy Miller

Exercise 11

Negligence. In Flagstaff, Arizona, in Room 59 at the Weatherford Hotel, a balcony extends across thirty inches of the room's only window, leaving a twelve-inch gap with a three-story drop to the concrete below. A sign prohibits smoking in the room but invites guests to "step out onto the balcony" to smoke. Toni Lucario was a guest in Room 59 when she climbed out of the window and fell to her death. Patrick McMurtry, her estate's personal representative, filed a suit against the Weatherford. Did the hotel breach a duty of care to Locario What might the Weatherford assert in its defense Explain.