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Questions and Answers
Why is secure mounting important for ceiling and wall beautifications?
Which furniture characteristic is recommended for bar stools?
What is required for areas restricted to authorized personnel in accommodation properties?
What should accommodation properties ensure regarding their staff in relation to emergencies?
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Under what condition can accommodation properties be held liable for incidents at their swimming pools?
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What must be noticeably present at swimming pools to inform guests?
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What is the primary concern of the federal jurisdiction regarding food service?
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What is the legislative priority of provincial rules relative to the federal Food and Drugs Act?
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What does the Sale of Goods Act imply regarding food offered by food service operators?
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Which of the following is NOT a focus of provincial regulation in food safety?
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What major aspect does the federal government control regarding food safety?
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What duty do food providers owe to their patrons?
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In commercial host liability, licensees are primarily responsible for what?
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What is a social host's common law liability concerning intoxicated guests?
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Which aspect is NOT typically regulated regarding the service of alcohol?
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Which of the following is a duty that a licensee must fulfill?
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Which case illustrates a social host's liability related to intoxicated guests?
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Why might businesses face criticism regarding waivers signed by customers?
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What should the body of a release of liability waiver include as a mandatory section?
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Which statement about the wording in a waiver's heading is correct?
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What can be a consequence of a poorly constructed waiver?
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What do businesses often include in their waiver to ensure customers understand its implications?
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What is the standard of care expected from a guide in adventure tourism to avoid negligence?
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What is a primary purpose of standard operating procedures in hospitality settings?
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Which safety feature must be present in guest rooms to ensure safety and security?
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Which furniture feature is recommended for bar stools to enhance safety?
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What should fire exit lighting in accommodations comply with?
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What is a major consideration for food and beverage outlets concerning guest behavior?
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What is necessary for a contract to be enforceable?
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Which requirement is NOT part of the criteria for promissory estoppel?
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What defines a breach of warranty in a contract?
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Why is it important for glass doors to be designed and maintained properly?
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Which areas of accommodation properties require careful regulation due to high traffic?
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What duty do food providers owe to their patrons?
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What liability do commercial hosts have in relation to patrons?
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What is a social host's liability regarding intoxicated guests?
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Which of the following is a duty of a licensee related to alcohol service?
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What is typically NOT regulated concerning the service of alcohol?
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What common law principle applies to commercial hosts managing alcohol consumption?
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What is one responsibility of food service operators under the Sale of Goods Act?
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Torts can be classified based on the intentionality of the tortfeasor's actions.
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Tortious liability can arise from the condition of hospitality premises.
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The tort of nuisance can be claimed for damage caused by airborne particles affecting a hotel.
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A breach of a warranty in a contract typically involves a more serious consequence than a breach of a condition.
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Signage must be present in lobbies due to their high traffic and risk of injury.
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Study Notes
Stairwells, Staircases, Stairs
- Falls and missteps can occur due to moisture, carpet seams, and malfunctioning handrails.
Public Areas
- Safety and security are important considerations.
- Crowd congregation, traffic flow, furniture placement, and lighting placement should be carefully considered.
Guest and Service Elevators
- Elevators must be in full working order and in compliance with fire safety regulations.
- Calibrating the elevators to stop at the correct floors is a major maintenance concern.
- Weight management and crowd control are also important for guest safety.
Dumbwaiters
- Signage should be clearly displayed stating that the accommodation is not responsible for misuse of dumbwaiters.
Lighting and Light Fixtures
- Adequate lighting helps improve floor perception and pitch recognition.
- Fire exit lighting must comply with building code regulations.
Furniture
- Furniture should be sturdy and safe.
- For example, bar stools should be weighted, have backs and arms, and cribs must comply with government regulations.
Ceiling, Wall Beautifications, and Enhancements
- Secure mounting of all decorations is crucial.
- Work areas should be closed off to pedestrian traffic.
Food and Beverage Outlets
- Signage is required for exclusive areas.
- The management's primary concern is intoxicated guests.
Guest Rooms
- Guest rooms need to be safe and secure with clear fire escape routes and legal notices posted.
- Other safety considerations include smoke detectors, shatter-resistant glassware, lighting/switch locations, ceiling damage, windows/window coverings, balcony/patio doors, and bathrooms.
Front Desk and Offices
- Proper signage is required for areas restricted to authorized personnel.
- The front desk is responsible for coordinating with emergency services.
Fire and Other Emergencies
- Accommodation properties must comply with provincial/territorial legislation and local bylaws.
- All staff members are required to receive training on emergency procedures and protocols.
Swimming Pools
- Accommodation properties are only liable for accidents or tragedies at their swimming pool if they failed to take reasonable care and perform their due diligence.
- Highly visible signage about the risks of using the pool should be displayed.
- Pool equipment must be in top operating condition.
Airbnb and Other Online Accommodation Marketplaces
- These platforms act as accommodation brokers.
- Both guests and hosts need to be cautious as potential issues include vandalism, properties not matching the advertised descriptions, illegal activities, and guests refusing to leave.
Food Service Industry Regulation
- The food service industry is highly regulated.
- Jurisdictional and legislative frameworks determine which levels of government are responsible for regulating these businesses.
Federal Regulation
- Federal regulations primarily focus on food and drink safety, not the premises themselves.
- Health Canada and the Canadian Food Inspection Agency (CFIA) are responsible for enforcing government regulations on food safety.
Provincial and Municipal Regulation
- Provincial and Municipal governments directly regulate the food service industry.
- Some provinces delegate enforcement to local or provincial health units.
Legislative Framework
- The Food and Drugs Act (FDA) is used for food safety and nutritional quality of food products sold in Canada.
- Violations of the FDA can result in fines.
- Provincial regulations have lower priority than the FDA.
- Each province has the power to enact their own food safety laws and regulations.
Provincial Regulation of Food Safety
- Includes licenses and permits, building standards, equipment standards, food storage and handling practices, garbage disposal, cleaning and sanitizing, staff training and hygiene, health regulations, record-keeping and protocols, labelling and menus, and inspections.
Other Provincial Legislation Affecting Food Service
- Sale of Goods Acts are provincial laws that outline the implied condition that food offered by a food service operator is suitable for immediate human consumption.
Common Law Liability Affecting Food Service
- Food providers owe customers a duty of care to serve food that will not cause harm.
- If patrons become sick from food served, the business may be held liable under common law.
Regulation of the Service of Alcohol
- Regulations include licensing and eligibility for licenses, licensee duties, building requirements, source of alcohol, hours of operation, employee training and conduct, age of majority, intoxicated or disorderly persons, drink size and price, entertainment and games, advertising and responsible consumption, record-keeping, inspections, and penalties.
Commercial Host Liability
- Licensees have a legal duty to their patrons and foreseeable third parties to prevent harm that may arise from excessive alcohol consumption.
Social Host Liability
- A social host is not generally held liable for a guest who becomes intoxicated.
Negligence
- Negligence can be established when an accommodation provider fails to take reasonable care to protect guests from preventable injuries.
Gross Negligence
- Gross negligence occurs when the injury sustained is severe, such as death or a mass casualty event.
Waivers
- Accommodation providers often require guests to sign waivers to release them from liability.
- The validity of waivers can be challenged in court.
- Waivers should be clearly written, separate documents that explicitly state that guests are waiving their legal rights.
Waivers (cont'd)
- The “Assumption of Risks” section should detail the risks and hazards involved, including negligence of the party relying on the waiver.
Contracts in Hospitality and Tourism
- Recall the essential elements of a legally binding contract: mutual intention to contract, offer and acceptance, and exchange of consideration.
- A promise can be enforced through a promise under seal or by applying the legal doctrine of promissory estoppel.
- Promissory estoppel requires a promise, reliance on the promise, no wrongful behavior by the recipient, and an existing legal relationship between the parties.
- Standard form agreements in the hospitality sector may contain clauses that limit the vendor's liability.
- Courts must determine whether such clauses, especially liability waivers, are enforceable.
- When a contract is breached, the remedies available to the innocent party depend on whether the breach is of a condition or a warranty.
Accommodation Properties
- Accommodation properties in Canada include hotels, motels, resorts, timeshare facilities, campgrounds, and bed and breakfasts.
- Important areas within these properties include entrances, exits, public spaces, common areas, and guest rooms.
- Accommodation property managers must recognize their legal obligations to ensure guest safety and security.
Elements of Accommodation: Entrances and Exits
- Accommodation entranceways and exits, including roadways, driveways, doorways, revolving doors, and vestibules, must be user-friendly and safe.
- Areas should have clear signage, adequate lighting, appropriate footings and traction, acceptable temperature, and project a sense of safety, cleanliness, and security.
Elements of Accommodation: Glass Doors
- Glass doors should be designed and maintained to prevent injuries.
Elements of Accommodation: Revolving Doors
- Revolving doors should be monitored to prevent misuse and potential injuries.
Elements of Accommodation: Automatic Doors
- Automatic doors should be designed for user-friendly accessibility. Speed can be adjusted based on the clientele's demographics.
Elements of Accommodation: Vestibules
- Vestibules serve as a buffer zone between the external and internal environments. Their purpose is to minimize weather elements entering the building, protecting interior floors and finishes.
Elements of Accommodation: Lobbies
- Lobbies are high-traffic areas and require careful attention to floor safety.
- Cleaning and maintenance are crucial, taking into account floor finishes and weather conditions.
- Adequate lighting and signage should be present.
Elements of Accommodation: Stairwells, Staircases, Stairs
- Falls and missteps can occur on stairwells and staircases due to moisture, carpet seams, and handrail malfunctions.
Elements of Accommodation: Public Safety
- Public areas require careful consideration for crowd control, traffic flow, furniture placement, and lighting.
Elements of Accommodation: Guest and Service Elevators
- Elevators must be operational and mechanically sound, correctly calibrated, and comply with fire service regulations.
- Weight management and crowd control are also important considerations.
Elements of Accommodation: Dumbwaiters
- Clear signage should indicate that the accommodation is not liable for inappropriate use of dumbwaiters.
Elements of Accommodation: Lighting and Light Fixtures
- Adequate lighting is critical for floor perception and pitch recognition.
- Fire exit lighting must comply with regulations.
Elements of Accommodation: Furniture
- Furniture, such as bar stools and cribs, should comply with safety standards, including weight limits and compliance with government requirements.
Elements of Accommodation: Ceiling, Wall Beautifications, and Enhancements
- Secure mounting is crucial for ceiling and wall enhancements. Areas under construction should be closed to pedestrian traffic.
Elements of Accommodation: Food and Beverage Outlets
- Clear signage should identify "exclusive" areas within the facility.
- Management must pay particular attention to the potential risks associated with intoxicated guests.
Elements of Accommodation: Guest Rooms
- Guest rooms must be safe, secure, and have clearly marked fire escape routes and legal notices.
- Other safety features include smoke detectors, shatter-resistant glassware, well-placed lighting and switches, secure windows and coverings, and secure balcony/patio doors and bathrooms.
Common Law and Food Service Liability
- Food providers owe patrons a duty of care to serve food that is safe for consumption.
- If food causes harm, the provider may be found liable.
Regulation of Alcohol Service
- Alcohol service is subject to specific regulations, which vary by jurisdiction.
- These regulations are designed to ensure responsible alcohol service and to promote public safety.
- Common regulations include licensing requirements, age of majority restrictions, duty of licensees, building requirements, source of alcohol, hours of operation, employee training and conduct, drink size and pricing, entertainment and games, advertising and responsible consumption of liquor, record-keeping, inspections, and penalties.
Commercial Host Liability for Alcohol Service
- Licensed premises owe a duty of care to patrons and foreseeable third parties to prevent harm that may arise from the over-consumption of alcohol.
- Hosts may be found liable for injuries caused by intoxicated patrons who leave the establishment, especially if the host served the patron alcohol after it was evident that the patron was intoxicated.
Social Host Liability for Alcohol Service
- Generally, social hosts are not liable for injuries caused by intoxicated guests.
- However, hosts may be found liable if they have actively encouraged guests to drink excessively and contributed to the guest becoming intoxicated.
Standard Operating Procedures
- Standard operating procedures (SOPs) are written protocols designed to prevent critical procedures from being missed.
- Effective SOPs help ensure an establishment takes reasonable steps to prevent foreseeable harm.
- SOPs should be reviewed and updated regularly.
Adventure Tourism: Key Considerations
- Inherent risks associated with adventure tourism include physical, mental, and emotional injuries, as well as loss of property.
- There is a paradox between recognizing the inherent risks of adventure activities and the expectation that operators take reasonable steps to mitigate those risks.
- Waivers and releases are commonly used in adventure tourism to minimize the liability of operators; however, these waivers may not be effective in all situations.
Adventure Tourism: Negligence
- Negligence is a failure to act with reasonable care that would ordinarily be expected in a given situation.
- For a guide to be considered negligent, they must be careless and expose a claimant to unreasonable risks.
Adventure Tourism: Standard of Care
- The standard of care for adventure tourism operators is to take reasonable precautions to prevent foreseeable harm.
- The standard of care can vary based on the specific activity, the expertise of the participants, and other factors.
Adventure Tourism: Gross Negligence
- A waiver is not a defense against gross negligence.
- Gross negligence refers to reckless or willful disregard for the safety of others.
Torts in the Hospitality and Tourism Sector
- Torts can be deliberate or careless actions by a tortfeasor that cause harm.
- Buehl Estate v Polar Star Enterprises Inc. (HCJ): A fishing lodge was sued for breach of the standard of care under the Ontario Occupiers’ Liability Act after a death occurred on the premises.
- Execotel Hotel Corp v EB Eddy Forest Products Co: A hotel sued a company for the tort of nuisance after significant building damage from airborne dust and wood particles.
- Menow v Honsberger: A hotel was sued for the actions of an intoxicated patron who was ejected, resulting in a car accident.
- Flentje v Nichols: A case related to the condition of hospitality premises, involving a claim against a hospitality provider.
Contracts in the Hospitality and Tourism Sector
- A breach of a condition or warranty in a contract can lead to different remedies for the innocent party.
Accommodation Properties
- There are approximately 8,500 accommodation properties in Canada.
- Accommodation properties must be designed with user-friendly entranceways and exits, including proper signage, lighting, and traction.
- Glass doors and revolving doors must be designed and maintained safely.
- Vestibules should protect interior floors/finishes from the elements.
- Lobbies, being high traffic areas, require attention to cleaning, maintenance, and signage.
Food Service
- Food providers owe patrons a duty of care to serve safe food.
- Heimler v Calvert Caterers Ltd: Wedding guests contracted typhoid fever from catered food, leading to a lawsuit.
- Gee v White Spot Ltd: A restaurant was sued for failing to provide food fit for human consumption.
Regulation of the Service of Alcohol
- Commercial Host Liability: Licensees owe a duty of care to their patrons to avoid harm from overconsumption of alcohol.
- Jordan House Ltd v Menow: A case involving a patron harmed by an intoxicated individual who was served alcohol.
- Cormier v Lecopo Ltd: A case involving a patron harmed by an intoxicated individual who was served alcohol.
- Stewart v Pettie: A case involving a patron harmed by an intoxicated individual who was served alcohol.
- Social Host Liability: Social hosts are generally not liable for injuries caused by intoxicated guests.
- Childs v Desormeaux: A case where the liability of hosts for their guests' drunken driving was ruled against.
Adventure Tourism
- Adventure tourism involves inherent risk, leading to a paradox between risk and expected mitigation by operators.
- Loychuk v Cougar Mountain Adventures Ltd: A case involving a high-speed collision on a zipline, highlighting the use of waivers to minimize liability.
Negligence in Adventure Tourism
- Negligence occurs when operators fail to act with reasonable care.
- Isildar v Rideau Diving Supply: A case about a student's drowning during a scuba-diving course that involved alleged negligence.
- Gross Negligence: Waivers are not a defense against gross negligence.
- Braid v Whistler River Adventures Ltd: A case where a woman drowned after being thrown from a raft, alleging gross negligence.
Waivers in Adventure Tourism
- Adventure tourism operators often use waivers to minimize liability.
- Delaney v Cascade River Holidays Ltd: A case where the validity of a signed waiver after a drowning accident was questioned.
- Waivers should be separate documents with clear notices highlighting the waiver of legal rights.
- The body of a waiver should include a section detailing assumed risks and outlining specific negligent actions.
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Description
This quiz covers essential aspects of building safety, focusing on stairwells, public areas, elevators, dumbwaiters, lighting, and furniture. Learn about compliance with safety regulations and tips for preventing accidents in various types of spaces. Perfect for architects, builders, and safety professionals.
