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Feb 1, 2007 · An inadequate security claim against a hotel requires the plaintiff to prove that the loss was foreseeable to the hotel. To defend against testimony that an injury was foreseeable, the hotel will be most likely to succeed when guided by counsel with a detailed knowledge of local law enforcement, local government and the local hotel industry.
- John E. Osborn
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- John E. Osborn
- Overview
- Risk Management Process
- Tort Law and Negligence
- Contract Law
- Statutory Requirements For Tourism and Hospitality in BC
- Insurance
- Occupational Health and Safety in Tourism
- Conclusion
- References
- Attributions
This chapter examines the concepts of risk management and legal liability in tourism and hospitality. We’ll review theoretical risk concepts and practical risk management applications while exploring applicable areas of statute, tort, and contract law. Insurance and occupational health and safety are also discussed. Examples are provided that apply...
A variety of risk management models exist, all of them generally a variation on the same theme, with each having a slightly different analytical approach. Here we outline the model from the Canadian Tourism Commission for small and medium enterprises. It has four stages: risk identification, risk analysis, risk control, and risk treatment (CTC, 200...
Tort law in Canada refers to the “body of the law which will allow an injured person to obtain compensation from the person who caused the injury” (Tort Law, n.d., ¶ 1). Two categories of torts exist: intentional and unintentional. Intentional torts consist of assault, battery, trespass, false imprisonment, nuisance, and defamation. Unintentional t...
Contracts are frequently used by tourism operators. Common types of contracts include contracts for service, employment agreements, rental agreements, and legal releases (waivers) (Cloutier, 2000). Given the importance of all of these types of agreements, it is vital that operators use documents that are valid and clearly based in contract law. For...
All tourism companies must adhere to the laws in the jurisdiction in which they operate. In BC there are certain statutes (laws) that are particularly relevant to tourism and hospitality. These are outlined in brief below.
Obtaining and maintaining appropriate insurance coverage is an important part of the risk management process. Insurance transfers the financial risks to a third party — the insurance company. Operators pay premiums that are established by the insurer based on the risk of the coverage. If the likelihood of claims is high, the premiums will be higher...
So far we have primarily discussed risk management from a client/guest perspective. However, substantial effort in a tourism and hospitality operation must be put into managing worker safety as well. Responsibilities for worker safety are generally legislated by occupational health and safety laws, which clearly dictate safety standards. Employers ...
Risk management in tourism and hospitality is complex, involving aspects of adhering to statutory requirements, taking steps to ensure occupational health and safety requirements are met, and undertaking an analytical approach to mitigating potential liabilities. Most of the actions required need to be proactive by the operators; failing to do so m...
British Columbia Ministry of Justice. (2015, April 15). Law basics – Liquor licensing in BC – Liquor Control and Licensing Branch.Retrieved from www.pssg.gov.bc.ca/lclb/LLinBC/basics.htm British Columbia Ministry of Labour. (2015). Employment Standards Act.Retrieved from http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96113_01 C...
Figure 11.1 Turbulent Flows by Curtis Perry is used under a CC BY-NC-ND 2.0 license. Figure 11.2 Larry O’Brien Verdict press core-0219 by David Carroll is used under a CC BY 2.0license. Figure 11.3 Not a good thing to move from a hotel room to a hospital room by Canadian Pacific is used under a CC BY-NC 2.0 license. Figure 11.4 Carabiner by Alberto...
- Don Webster
- 2015
Dec 30, 2021 · The past few years have been framed by COVID-19 concerns and efforts to sustain, recover and transition back to a new normal. In this author's opinion, things won't go back to how they were pre ...
- Common Safety Hazards. We’ll start with the obvious operational hazards, such as slips, trips, and falls. These risks aren’t unique to the world of hospitality, but the industry is especially prone to these types of incidents.
- Hazardous Chemicals. Cleanliness and sanitation have always been hot topics in the hospitality world, but especially so since COVID-19. Your clients’ efforts to keep everyone safe and remain compliant also expose workers (and customers) to an array of potential hazards.
- Property Damage. This category covers a wide array of potential situations. Theft, vandalism, fires, and floods are obvious hazards, but there may be some risks your clients haven’t yet considered.
- Food Contamination. Even in the cleanest kitchens with the most cautious staff, the unexpected can still happen. A power outage or equipment failure can spoil perishable items.
11.6 Conclusion. Risk management in tourism and hospitality is complex, involving aspects of adhering to statutory requirements, taking steps to ensure occupational health and safety requirements are met, and undertaking an analytical approach to mitigating potential liabilities. Most of the actions required need to be proactive by the ...
- Adapted by Reed Kennedy, Joseph Simpson, Pankaj Kumar, Ayenda Kemp, Kiran Awate, Kathleen Manning
- 2015
Dec 15, 2023 · In 2017, Barth and Barber released the third edition of their textbook “Hospitality Law: Managing Legal Issues in the Hospitality Industry.” This review focuses on the scope and depth of the legal areas it covers. It examines whether the book strikes the right balance between practicality, feasibility, and conventions within the hotel industry. The authors aim to provide guidance to ...
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Feb 9, 2021 · Hotels in 2021: More Challenges but Opportunities Too. February 9, 2021 3 Minute Read. The Canadian hospitality industry was the first sector to feel the full impact of the pandemic, with border closures and lockdown orders causing occupancy to plunge from historic highs to less than 20%, virtually overnight. The industry is still ailing as it ...
