Legal Question in Intellectual Property in California

a father and child are riding in a hotel elevator. the father is swinging his child in the air causing the elevator to get stuck. a certified tech. is called in to repair the elevator and finds that the cause of the malfunction is the disturbance in the elevator. the hotel sends the guest a bill to pay for repairs, but the guest refuses to pay it. is the guest obligated to pay the bill or can he reject it?


Asked on 8/12/09, 6:41 pm

3 Answers from Attorneys

Joel Selik www.SelikLaw.com

I know of no case on point; without researching the matter, my legal opinion would be the guest has no obligation to pay the bill.

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Answered on 8/12/09, 6:55 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

This is not an "Intellectual Property" question. That is the legal specialty that deals with matters such as copyrights, patents, trademarks and trade secrets. If you don't get a satisfactory response, please re-ask your question under a heading like "torts" or "negligence."

I would just be guessing how a judge or jury would decide this......on the one hand, swinging a child in a moving elevator is perhaps negligent conduct. On the other, it seems as though a well-designed elevator should not get stuck from something as forseeable as some movements inside. I'd say a jury goes for the father and against the hotel 55 times out of 100, but who knows?

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Answered on 8/12/09, 6:59 pm
Bryan C. Becker Your Lawyer for Life.

The gust can always reject the bill, nothing would prevent that. The hotel would then be forced to hire an attorney and file suit, which may not be worth the cost considering the amount of the repair cost.

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Answered on 8/13/09, 6:57 pm


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