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- 4-18-2009
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ANALYZE THE SITUATION
IRVING NASH MANAGED A 24 - HOUR TABLE - SERVICE RESTAURANT that specialized in
breakfast items. Lendal Ketchar, a customer, arrived at the restaurant
at approximately 2:00 a.m. one morning. Upon entering the restaurant,
Mr. Ketchar tripped over the curb alongside the sidewalk and broke his hip.
Because Mr. Ketchar was a city councilman, the incident was reported in the
local paper.
Mr. Nash was interviewed extensively about the cause of the accident.
He specifically mentioned to reporters that the curb had not been painted
bright yellow as a warning to guests, nor were lighting levels very high at the
entrance area where Mr. Ketchar fell. Mr. Nash later read the interviews and
shared them with his two assistant managers. Both suggested that the restaurant
paint the curb area, install additional lighting, and inform the media
that these actions were undertaken. Mr. Nash ’ s boss vetoed this idea, however,
stating that any action such as painting the curb and installing better
lighting could imply previous negligence on the part of the organization and
thus could increase the organization ’ s potential legal liability.
1. Which factors would influence the potential liability of Mr. Nash ’ s
restaurant for the accident?
2. Is the future liability of the restaurant greater under the proposed
actions of Mr. Nash ’ s assistant managers or those of his boss?
3. What effective safety and security programs could be undertaken to
limit legal liability if Mr. Nash is required to follow the advice of his
boss?
4. As a professional hospitality manager, is Mr. Nash ethically obligated to
take action to prevent a further occurrence of this type? |
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