ANALYZE THE SITUATION 143 THE COMMODORE HOTEL WAS owned by the First Community I

Question

ANALYZE THE SITUATION 143 THE COMMODORE HOTEL WAS owned by the First Community Insurance Company, and managed by Fieldstone Hospitality Management. After two separate guest assaults occurred inside the hotel rooms, Fieldstone Management approached First Community Insurance with the idea of either installing a closed circuit video camera CCVC) system in all hallways or increasing the lighting levels of the hotel's corridors. First Community Insurance authorized Fieldstone Management to purchase a video surveillance system consisting of six cameras and a central location to view them. The events shown by the cameras were not committed to tape Late on the evening of February 6, Mrs. Cynthia Larson checked into the Commodore and was assigned a room at the end of one of the hotel's corridors. As she attempted to insert her electronic key into the door lock, she was assaulted Mrs. Larson sued both Fieldstone Management and First Community Insurance, claiming that both companies' failure to monitor their cameras was a direct cause of her assault. In addition, she claimed that the cameras' use was deceptive, in that it gave her a false sense of security. As she stated, "The cameras showed me the hotel cared about my security, and I wanted to stay in a safe location. According to timesheets provided under subpoena by the hotel, an employee was assigned to view the cameras in the central location for an average of two hours per night between the hours of 8:00 P.M. and 6:00 A.M The assault occurred at a time when no employee was monitoring the cameras The attorney for First Community Insurance stated that the company was merely the owner of the hotel and not responsible for day-to-day management; thus, is should not be held responsible for Mrs. Larson's injuries. Fieldstone Management maintained that it too should not be held responsible just because the cameras installed were not monitored at all times. The presence of the cameras themselves and electronic locks on their doors demonstrated that the company used reasonable care in the protection of its guests 1. Will First Community Insurance be held partially responsible for the actions of Fieldstone Management? 2. Did Fieldstone Management use reasonable care in the installation and operation of the camera system? Would it matter if the cam- eras were recording to tape? 3. What could the hotel owners do in the future to help avoid a similar situation with a guest?

Explanation / Answer

Ans.1) The attorney for First Community Insurance Company in their defence stated that the company was not responsible for the assault that took place in the hotel corridor as the company was not taking care of the day-to-day management of the hotel. It is an absolutely unjustified statement by the owner company of the hotel. Although, Fieldstone management was responsible for the routine operations, it should be noted that both owning and managing organisations are held equally responsible for any mishap that takes place inside the premises of the concerned organisation. As an owner of the Hotel Commodore, it was First Community Insurance’s responsibility to ensure that the guests and visitors of the hotel are safe and secure at all times. In liaison with Fieldstone management, the company should have designed and implemented strict security policies. Mrs. Larson felt that the hotel management provided her a false sense of security which lead to her assault and therefore, First Community Insurance will also be held responsible for the inabilities of the Fieldstone management to provide security to its guests.

Ans.2) After two separate guests assault that took place in the hotel room of Commodore, Fieldstone management felt the need of having closed circuit video camera (CCVC) installed at different locations of the hotel and rightly so, First Community Insurance, the owner company of the hotel authorised them to purchase a video surveillance system and have them installed in the hallways and corridors of the hotel. The cameras were supposed to be installed at 6 different locations in the hotel and to be monitored at a central location. Fieldstone management took reasonable care in installing of the camera system. However, they could have been more reasonable and responsible in the monitoring of the cameras and lacked two significant parameters from the point of security:

- An employee was assigned to view and monitor the cameras for only 2 hours per night between 8 P.M. to 6 A.M. That means, for the duration of 10 hours in the night, when the chances of an assault taking place were the highest, the cameras were monitored for only 2 hours. As a result, the assault with Mrs. Larson took place when no employee was viewing or monitoring the cameras. It acted as a serious loophole in the security system of the hotel.

- With no mechanism of recording the tape, there is no way for the hotel management to get hold of the assaulter. Even if the assaulter is identified, the hotel management cannot provide any evidence to prove him/her guilty of her actions. If the cameras were recorded to tape, it would have been convenient for the concerned authorities to hold the assaulter guilty and provide an appropriate punishment

Ans.3) Hotel owners, First Community Insurance Company, should be more responsible, attentive and proactive in taking suitable measures to provide safe and secure environment to its guests. The assault that happened with Mrs. Larson was the third of the recent assault case that happened inside Hotel Commodore. To avoid any such incidents with its guests in future and to avoid further reputation loss of the hotel, First Community Insurance can take the following precautions:

- The video surveillance system should be 24x7 monitored by an employee of the hotel. The corridors of the hotel should be well lit, so that the camera views are clear and accurate.

- The cameras installed in the hotel should be recorded to tape, so that in case of any mis-happening taking place in the hotel, the assaulter can be identified and punished severely.

- All the hotel staff and management people should be trained and made aware of the hotel’s strict security policies and no employee should ever be found violating the policies of the hotel.

- Guests should also be conveyed about the strict actions that can be taken against them if they do not abide by the security policies of the hotel.

- First Community Insurance representatives should regularly conduct security audits in the hotel. These audits can be both informed as well as surprised ones. Appropriate actions should be taken against the Fieldstone management employees if they are found violating the security norms.

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