It is the duty of the hotel management to take care their guests

Barathkumar K M | Sastra Deemed to be University Thanjavur | 16th June 2020

Klaus Mittelbachert Vs East India Hotels Ltd

Facts:

The plaintiff was a co-pilot in Lufthansa airlines. He stayed in a five star hotel named ‘Hotel Oberoi Intercontinental’ in New Delhi. The plaintiff visited the swimming pool and while diving the plaintiff met with an accident and was seriously injured. His head hit on the bottom of the swimming pool. He was taken to the hospital which was located nearby. The blood started bleeding from his right ear and appeared to have paralysed in the arms and the legs. He spends a lot of money on medicines, special diet and rehabilitation but he died 13 years after the accident. The plaintiff filed a suit against the Hotel Oberoi Intercontinental by claiming Rs.50 lakhs as compensation.      

Issues:

1. Whether it was a failure on the part of the plaintiff to take reasonable care of himself?            
2. Whether the defendant was held liable for negligence?

Observation:

It was observed that a five star hotel charges a high price from its guests and thus the hotel should make good services to their guests. It was the duty of the hotel management to take care of their guests. Any latent defect in their structure or service may lead to hazardous to the guests and would attract the breach of duty to take care. It was also observed that the depth of the swimming pool is not sufficient; it was the duty of the hotel management to maintain sufficient water in the swimming pool. It was clearly observed that there is no failure on the part of the plaintiff. Thus the plaintiff was injured only because of the negligent act by the defendant. 

Judgment:

The Hon’ble Delhi High Court said that the plaintiff was injured only because of the negligent act of the defendant and there is no failure on the part of the plaintiff. Thus the defendant is liable to pay the compensation of Rs.50 lakhs.