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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We are a small firm of book keepers. A guest at a clients

Resolved Question:

We are a small firm of book keepers. A guest at a client's hotel threw a lighted cigarette from a window whilst staying at the hotel. The Hotel has a No Smoking Policy and notices festoon the building. The lighted cigarette caught next door's porch on fire (the guest admitted that he had thrown the cigarette to the fire brigade). My client has now received a letter demanding payment to repair the damaged property- is it his responsibility or that of the guest?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Does your client still have details of the guest in question please?

Joshua :

Would you like to continue?

Customer:

Yes my client has that information. I did not receive any response by email - sorry for the delay

Customer:

I don't appear to have received any response

Customer: replied 2 years ago.

Have used your service before but you don't seem to read follow up emails. i assume it is a mistake.

Expert:  Joshua replied 2 years ago.
Hello
I apologise for the delay in reverting to you. I have been away for the last 5 days. I would be delighted to continue to assist if you would like me to?

If you would kindly let me know.

Kind regards
Customer: replied 2 years ago.

The question remains - is a hotel owner responsible for the actions of his guest? Original question:We are a small firm of book keepers. A guest at a client's hotel threw a lighted cigarette from a window whilst staying at the hotel. The Hotel has a No Smoking Policy and notices festoon the building. The lighted cigarette caught next door's porch on fire (the guest admitted that he had thrown the cigarette to the fire brigade). My client has now received a letter demanding payment to repair the damaged property- is it his responsibility or that of the guest?

Expert:  Joshua replied 2 years ago.
Thanks. A hotel will not, subject as follows, be liable for the activities or beaviour of its guests. The neighbour would ned to be able to show that the guest threw the cigarette as they claim and that the cigarette caused damage to their porch and that such damage was reasonably forseeably by the guest in order to make a claim against the guest personally. If the can show the above, then they may have a claim against the guest personally.

A hotel can be vicariously liable for the behaviour of its guests but this is relatively narrow in scope. This will typically only be the case where the hotel permits tacitly or explicitly behaviour which causes nuisance or damage to third parties and fails to take reasonable steps to prevent such activities or behaviour. Based on what you say smoking is not allowed by the hotel in the area that the guest was smoking and the hotel can show that it took reasonable steps to make this clear to the guest.

In the circumstances the hotel would not appear to have any vicarious liability and may consider advising the neighbour to consider pursuing the guest directly. If they do not know the identity of the guest in question the hotel could offer to write to the guest to advise them of the position and ask that they give the hotel permission to pass on their details. Alternatively the hotel may have a condition in their terms that provides that they may pass on their details to any third parties against whom may hav a claim against them. Failing this the neighbour may have to apply for a disclosure order in the county court to obtain the identity of the guest.

Is there anything else i can help you with?
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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