Hotel, Restaurant, and Travel Law: A Preventive Approach
Edition: 9
Copyright: 2022
Edition: 9
Copyright: 2022
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If an ounce of prevention on is worth a pound of cure, Hotel, Restaurant, and Travel Law: A Preventive Approach is a vital resource for any industry professional!
Hotel, Restaurant, and Travel Law: A Preventive Approach is a comprehensive, yet approachable, guide to the legal knowledge needed to both enhance the guest experience and prevent lawsuits. Often, most lawsuits can be prevented if management and staff are properly trained to recognize potential hazards and guard against them. Thus, while good hospitality management means satisfying guests, it also means protecting them against accidents that can lead to injury and litigation. In this way, the two concerns of good service and lawsuit prevention overlap substantially.
The NEW 9th Edition Features:
- tools specifically for management training, such as clearly defined legal terms, preventative law tips, and lessons on risks of injury in a hospitality facility.
- new laws, cases, technological changes and advancements, and factual circumstances showcasing examples from the latest developments in the hospitality industry.
- the highly-successful case study format that sharpens students’ abilities to think critically, understand nuances of the law, extract important information from large amounts of data, and more!
- updates covering: technology’s impact on the law; liquor liability; issues prompting disclosure of calorie, fat, and carbohydrate content of restaurant food; legal consequences of foodborne illnesses; employment and discrimination issues, résumé fraud, the Americans with Disabilities Act, civil rights laws, and sexual harassment; plus negligence; franchise agreements; permit and license requirements; and casino, theme part, spa, and condominium hotel operations.
- an accompanying website containing cases and laws that are constantly updated for a publication package that always remains current.
- and much more!
Preface
About the Authors
CHAPTER 1 Introduction to Contemporary Hospitality Law
CHAPTER 2 Legal Procedures: Journey of a Case Through the Courts
CHAPTER 3 Civil Rights and Hospitality Businesses
CHAPTER 4 Contract Law and the Hospitality Industry
CHAPTER 5 Introduction to Negligence
CHAPTER 6 Negligence Doctrines
CHAPTER 7 Negligence inside Hospitality Facilities
CHAPTER 8 Negligence outside Hospitality Facilities
CHAPTER 9 Guests and Other Patrons
CHAPTER 10 Protecting Patrons’ Property
CHAPTER 11 Rights of Innkeepers
CHAPTER 12 Guests’ Rights
CHAPTER 13 Liability and the Sale of Food
CHAPTER 14 Liability and the Sale of Alcohol
CHAPTER 15 Rights and Liabilities of Travel Agents and More
CHAPTER 16 Rights and Liabilities of Airlines and Passengers
CHAPTER 17 Employment: Fair Labor Standards Act and the Americans with Disabilities Act
CHAPTER 18 Employment: Discrimination in Employment
CHAPTER 19 Employment: Miscellaneous Rules
CHAPTER 20 Intellectual Property, Franchising, and Antitrust Laws
CHAPTER 21 Regulation and Licensing
CHAPTER 22 Casinos
Glossary
Index
- Cases
- Instructors Manual
- Powerpoint
- Test Bank
Karen L. Morris is a lawyer, judge, and professor at Monroe Community College in Rochester, New York. She is the first community college professor to receive the designation of Distinguished Professor from the State University of New York. The courses she teaches include Hotel and Restaurant Law, Business Law, Constitutional Law, Criminal Law, and Law 101. As a town judge she presides over criminal and civil cases, including lawsuits brought against hotels, restaurants, and travel agents.
In addition to writing five editions of this textbook, she has published a case- studies book for business law and a treatise on criminal law, as well as articles in various publications on topics of interest to the hospitality industry. She pens a column for Hotel Management Magazine titled, “Legally Speaking,” and a blog for Business Law students that explains the legal underpinnings of news stories of interest. She has been honored with several awards including two for Excellence in Teaching, Golden Pen, Distinguished Citizen, and Outstanding Student Club Faculty Advisory Award.
Professor Morris was the legal advisor to the New York State Restaurant Association, Rochester Chapter. She has served as President of Text and Academic Authors Association, Dean of the Monroe Country Bar Association, and President of her Faculty Governance Association. She is a past president of the Greater Rochester Association for Women Attorneys. She has also served as president of The Academy of Legal Studies in Business, Northeast Region. Her favorite volunteer activities are being a Big Sister in the Big Brother/Big Sister program, and serving lunch at a soup kitchen.
Before beginning her teaching career, Judge Morris was in-house counsel for a corporation that operates department stores throughout the United States, and thereafter was a criminal prosecutor.
She has a Juris Doctor degree from St. John’s University and a Masters of Law (LL.M.) in Trade Regulation from New York University.
Jane Boyd Ohlin is an Associate Professor and the Director of Strategic Development at the Dedman School of Hospitality, Florida State University. She served as the Director of the Dedman School of Hospitality from 2008 to 2016. Professor Ohlin has a long-standing association with Florida State University, she received her Bachelor of Science degree in Hotel and Restaurant Administration there in 1979, and her Juris Doctor from Florida State University College of Law in 1986. She joined the faculty of the Dedman School in 1989.
Prior to joining the faculty at Florida State University, Professor Ohlin worked in the consulting practice of Laventhol and Horwath, Certified Public Accountants, in Tampa, Florida. Her clients were leaders in the hotel, restaurant, resort, and tourist destination business. Her area of expertise was in management consulting and litigation support. There, she gained a great deal of experience in the legal, financial, and operational analysis of many hospitality businesses.
Professor Ohlin has gained a global perspective on the hospitality industry through her teaching of university students during the summers in Leysin, Switzerland, through the International Programs delivered by Florida State University. She also teaches hospitality management to university students from around the world each summer on the campus of Florida State, through the Center for Global Engagement. Additionally, she supervises the exchange student affiliation of the Dedman School with universities offering hospitality degrees in other countries.
In addition to teaching graduate and undergraduate courses in law, Professor Ohlin also conducts research focused on the legal issues faced by hospitality businesses. She currently serves as the Statewide Coordinator of University Hospitality programs for the Florida Department of Education and has served on the Advisory Board of the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants. She has been an active member of the Florida Bar since 1987. In her free time, she enjoys traveling with her family.
The authors are grateful to Norman C. Curnoyer and Tony Marshall, their predecessors as authors of earlier versions of this book. Both men were giants in the field of Hospitality Law.
“The breadth of coverage, all the while informative and interestingly presented, is Hotel, Restaurant, and Travel Law's key strength. Perhaps the highest compliment I can give it is that it is so well written that a non-lawyer could readily teach from this textbook without having to apologize daily for not having been legally trained. It's that good.”
-Textbook Excellence Award Judge
View the full Press Release from TAA
A Review
Hotel, Restaurant, and Travel Law: A Preventive Approach
Karen Morris; Jane Ohlin; Sten Sliger
The hotel and hospitality industry is one that is constantly changing and evolving. To succeed in it, one must be aware of an incredible range of items.
My entire career has been in the hospitality industry, with an emphasis on hotels, since the 1970s. I have been involved in many facets of the business (franchise HQ office, franchisee, ownership perspectives, training, management and more) and I had the privilege of knowing all three of the authors of the earlier Editions of this text book:
1. Norman Cournoyer was my faculty advisor at the University of Mass and an avid entrepreneur.
2. Tony Marshall was the long time Dean of the Hospitality Program at FIU, the former President of the AH&LA Educational Institute, an author and a well-respected speaker at industry events.
These two have passed away, but beginning with probably the 3rd Edition, Karen Morris added a very strong and positive dimension. Morris is a Distinguished Professor at Monroe Community College since 1980 and an elected Brighton Town Judge since 1994. Judge Morris is one of two attorneys who present the TOP 100 CASES of the previous year at the annual Hospitality Lawyer conference which is always one of the highlights of each program.
This 8th Edition of Hotel, Restaurant and Travel Law – A Preventative Approach is AMAZING.
Karen Morris is joined by two additional co-authors.
• Jane Boyd Ohlin is the director of Strategic Development of Dedman School of Hospitality at Florida State University. She is a member of the facility and is the former Director of the Program at FSU. She has an international background in both teaching and from her consulting work and is very involved in many hospitality associations’ research and legal projects.
• Sten Siger teaches Hospitality Law at FSU and is an active attorney in Florida and Michigan. His clients include a range of business and commercial ventures
At first look, one is impressed by the size of 8th Edition. Some of us like to read more than others, but one can always appreciate the incredible detail that can be found in the 900 page reference resource.
There are 16 chapters in detailed, easy to follow formats.
Each chapter has:
• Learning outcomes
• Key terms
• Discussion Questions (and recaps)
• Application Questions
• Websites appropriate to the topic of the chapter
While it might seem every book should include these, not all do in such a practical flow.
• Chapter 1 – Introduction to Contemporary Law
• Chapter 2 – Legal Procedures: Journey of a Case through the Courts
• Chapter 3 – Civil Rights and Hospitality
• Chapter 4 – Contract Law (it is amazing how many hoteliers do not understand this concept)
• Chapters 5 and 6 – Negligence – Principles and Practices
• Chapters 7 and 8 – Dealing with Guests, Visitors and Property
• Chapters 9 and 10 – The rights of Innkeepers and of Guests
• Chapters 11 and 12 - Liability from the sale of food and Alcohol
• Chapter 13 – Rights and Liabilities of Travel Agents and the Airlines
• Chapter 14- Employment (another huge area too many hotel managers have not taken the time to understand fully)
• Chapter 15 – Regulations and Licensing (you would not believe how many new laws are passed each year)
• Chapter 16 Specialized Destinations – Casinos, Theme Parks, Spas and Condo hotels
There is an Industry Glossary that can be either an introduction or a solid refresher for some of us.
There are dozens of legal cases quoted in understandable meaning throughout the book in the appropriate chapters.
As I said in a review of an earlier edition, whether you own or manage a property, there are constantly evolving events in our industry that affect us all and we must pay attention.
If you have a branded hotel, that organization may advise you of some changes, but it remains our responsibility to deal with those changes.
While this is one of the three most widely used texts used in hospitality education at major universities and colleges, it also has an immense amount of reference materials and NEED TO KNOW information for hoteliers and restaurateurs.
I use this resource regularly in my work as an expert witness in legal cases and in presentations.
A resource of great value to both Industry and Hospitality Students; I cannot say enough good things about it.
John J. Hogan CHA CHMS CHE CHO
Hogan Hospitality
Hospitality Educators
If an ounce of prevention on is worth a pound of cure, Hotel, Restaurant, and Travel Law: A Preventive Approach is a vital resource for any industry professional!
Hotel, Restaurant, and Travel Law: A Preventive Approach is a comprehensive, yet approachable, guide to the legal knowledge needed to both enhance the guest experience and prevent lawsuits. Often, most lawsuits can be prevented if management and staff are properly trained to recognize potential hazards and guard against them. Thus, while good hospitality management means satisfying guests, it also means protecting them against accidents that can lead to injury and litigation. In this way, the two concerns of good service and lawsuit prevention overlap substantially.
The NEW 9th Edition Features:
- tools specifically for management training, such as clearly defined legal terms, preventative law tips, and lessons on risks of injury in a hospitality facility.
- new laws, cases, technological changes and advancements, and factual circumstances showcasing examples from the latest developments in the hospitality industry.
- the highly-successful case study format that sharpens students’ abilities to think critically, understand nuances of the law, extract important information from large amounts of data, and more!
- updates covering: technology’s impact on the law; liquor liability; issues prompting disclosure of calorie, fat, and carbohydrate content of restaurant food; legal consequences of foodborne illnesses; employment and discrimination issues, résumé fraud, the Americans with Disabilities Act, civil rights laws, and sexual harassment; plus negligence; franchise agreements; permit and license requirements; and casino, theme part, spa, and condominium hotel operations.
- an accompanying website containing cases and laws that are constantly updated for a publication package that always remains current.
- and much more!
Preface
About the Authors
CHAPTER 1 Introduction to Contemporary Hospitality Law
CHAPTER 2 Legal Procedures: Journey of a Case Through the Courts
CHAPTER 3 Civil Rights and Hospitality Businesses
CHAPTER 4 Contract Law and the Hospitality Industry
CHAPTER 5 Introduction to Negligence
CHAPTER 6 Negligence Doctrines
CHAPTER 7 Negligence inside Hospitality Facilities
CHAPTER 8 Negligence outside Hospitality Facilities
CHAPTER 9 Guests and Other Patrons
CHAPTER 10 Protecting Patrons’ Property
CHAPTER 11 Rights of Innkeepers
CHAPTER 12 Guests’ Rights
CHAPTER 13 Liability and the Sale of Food
CHAPTER 14 Liability and the Sale of Alcohol
CHAPTER 15 Rights and Liabilities of Travel Agents and More
CHAPTER 16 Rights and Liabilities of Airlines and Passengers
CHAPTER 17 Employment: Fair Labor Standards Act and the Americans with Disabilities Act
CHAPTER 18 Employment: Discrimination in Employment
CHAPTER 19 Employment: Miscellaneous Rules
CHAPTER 20 Intellectual Property, Franchising, and Antitrust Laws
CHAPTER 21 Regulation and Licensing
CHAPTER 22 Casinos
Glossary
Index
Karen L. Morris is a lawyer, judge, and professor at Monroe Community College in Rochester, New York. She is the first community college professor to receive the designation of Distinguished Professor from the State University of New York. The courses she teaches include Hotel and Restaurant Law, Business Law, Constitutional Law, Criminal Law, and Law 101. As a town judge she presides over criminal and civil cases, including lawsuits brought against hotels, restaurants, and travel agents.
In addition to writing five editions of this textbook, she has published a case- studies book for business law and a treatise on criminal law, as well as articles in various publications on topics of interest to the hospitality industry. She pens a column for Hotel Management Magazine titled, “Legally Speaking,” and a blog for Business Law students that explains the legal underpinnings of news stories of interest. She has been honored with several awards including two for Excellence in Teaching, Golden Pen, Distinguished Citizen, and Outstanding Student Club Faculty Advisory Award.
Professor Morris was the legal advisor to the New York State Restaurant Association, Rochester Chapter. She has served as President of Text and Academic Authors Association, Dean of the Monroe Country Bar Association, and President of her Faculty Governance Association. She is a past president of the Greater Rochester Association for Women Attorneys. She has also served as president of The Academy of Legal Studies in Business, Northeast Region. Her favorite volunteer activities are being a Big Sister in the Big Brother/Big Sister program, and serving lunch at a soup kitchen.
Before beginning her teaching career, Judge Morris was in-house counsel for a corporation that operates department stores throughout the United States, and thereafter was a criminal prosecutor.
She has a Juris Doctor degree from St. John’s University and a Masters of Law (LL.M.) in Trade Regulation from New York University.
Jane Boyd Ohlin is an Associate Professor and the Director of Strategic Development at the Dedman School of Hospitality, Florida State University. She served as the Director of the Dedman School of Hospitality from 2008 to 2016. Professor Ohlin has a long-standing association with Florida State University, she received her Bachelor of Science degree in Hotel and Restaurant Administration there in 1979, and her Juris Doctor from Florida State University College of Law in 1986. She joined the faculty of the Dedman School in 1989.
Prior to joining the faculty at Florida State University, Professor Ohlin worked in the consulting practice of Laventhol and Horwath, Certified Public Accountants, in Tampa, Florida. Her clients were leaders in the hotel, restaurant, resort, and tourist destination business. Her area of expertise was in management consulting and litigation support. There, she gained a great deal of experience in the legal, financial, and operational analysis of many hospitality businesses.
Professor Ohlin has gained a global perspective on the hospitality industry through her teaching of university students during the summers in Leysin, Switzerland, through the International Programs delivered by Florida State University. She also teaches hospitality management to university students from around the world each summer on the campus of Florida State, through the Center for Global Engagement. Additionally, she supervises the exchange student affiliation of the Dedman School with universities offering hospitality degrees in other countries.
In addition to teaching graduate and undergraduate courses in law, Professor Ohlin also conducts research focused on the legal issues faced by hospitality businesses. She currently serves as the Statewide Coordinator of University Hospitality programs for the Florida Department of Education and has served on the Advisory Board of the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants. She has been an active member of the Florida Bar since 1987. In her free time, she enjoys traveling with her family.
The authors are grateful to Norman C. Curnoyer and Tony Marshall, their predecessors as authors of earlier versions of this book. Both men were giants in the field of Hospitality Law.
- Cases
- Instructors Manual
- Powerpoint
- Test Bank
“The breadth of coverage, all the while informative and interestingly presented, is Hotel, Restaurant, and Travel Law's key strength. Perhaps the highest compliment I can give it is that it is so well written that a non-lawyer could readily teach from this textbook without having to apologize daily for not having been legally trained. It's that good.”
-Textbook Excellence Award Judge
View the full Press Release from TAA
A Review
Hotel, Restaurant, and Travel Law: A Preventive Approach
Karen Morris; Jane Ohlin; Sten Sliger
The hotel and hospitality industry is one that is constantly changing and evolving. To succeed in it, one must be aware of an incredible range of items.
My entire career has been in the hospitality industry, with an emphasis on hotels, since the 1970s. I have been involved in many facets of the business (franchise HQ office, franchisee, ownership perspectives, training, management and more) and I had the privilege of knowing all three of the authors of the earlier Editions of this text book:
1. Norman Cournoyer was my faculty advisor at the University of Mass and an avid entrepreneur.
2. Tony Marshall was the long time Dean of the Hospitality Program at FIU, the former President of the AH&LA Educational Institute, an author and a well-respected speaker at industry events.
These two have passed away, but beginning with probably the 3rd Edition, Karen Morris added a very strong and positive dimension. Morris is a Distinguished Professor at Monroe Community College since 1980 and an elected Brighton Town Judge since 1994. Judge Morris is one of two attorneys who present the TOP 100 CASES of the previous year at the annual Hospitality Lawyer conference which is always one of the highlights of each program.
This 8th Edition of Hotel, Restaurant and Travel Law – A Preventative Approach is AMAZING.
Karen Morris is joined by two additional co-authors.
• Jane Boyd Ohlin is the director of Strategic Development of Dedman School of Hospitality at Florida State University. She is a member of the facility and is the former Director of the Program at FSU. She has an international background in both teaching and from her consulting work and is very involved in many hospitality associations’ research and legal projects.
• Sten Siger teaches Hospitality Law at FSU and is an active attorney in Florida and Michigan. His clients include a range of business and commercial ventures
At first look, one is impressed by the size of 8th Edition. Some of us like to read more than others, but one can always appreciate the incredible detail that can be found in the 900 page reference resource.
There are 16 chapters in detailed, easy to follow formats.
Each chapter has:
• Learning outcomes
• Key terms
• Discussion Questions (and recaps)
• Application Questions
• Websites appropriate to the topic of the chapter
While it might seem every book should include these, not all do in such a practical flow.
• Chapter 1 – Introduction to Contemporary Law
• Chapter 2 – Legal Procedures: Journey of a Case through the Courts
• Chapter 3 – Civil Rights and Hospitality
• Chapter 4 – Contract Law (it is amazing how many hoteliers do not understand this concept)
• Chapters 5 and 6 – Negligence – Principles and Practices
• Chapters 7 and 8 – Dealing with Guests, Visitors and Property
• Chapters 9 and 10 – The rights of Innkeepers and of Guests
• Chapters 11 and 12 - Liability from the sale of food and Alcohol
• Chapter 13 – Rights and Liabilities of Travel Agents and the Airlines
• Chapter 14- Employment (another huge area too many hotel managers have not taken the time to understand fully)
• Chapter 15 – Regulations and Licensing (you would not believe how many new laws are passed each year)
• Chapter 16 Specialized Destinations – Casinos, Theme Parks, Spas and Condo hotels
There is an Industry Glossary that can be either an introduction or a solid refresher for some of us.
There are dozens of legal cases quoted in understandable meaning throughout the book in the appropriate chapters.
As I said in a review of an earlier edition, whether you own or manage a property, there are constantly evolving events in our industry that affect us all and we must pay attention.
If you have a branded hotel, that organization may advise you of some changes, but it remains our responsibility to deal with those changes.
While this is one of the three most widely used texts used in hospitality education at major universities and colleges, it also has an immense amount of reference materials and NEED TO KNOW information for hoteliers and restaurateurs.
I use this resource regularly in my work as an expert witness in legal cases and in presentations.
A resource of great value to both Industry and Hospitality Students; I cannot say enough good things about it.
John J. Hogan CHA CHMS CHE CHO
Hogan Hospitality
Hospitality Educators