Woman can’t find her husband. She’s scared. She panics. She frantically calls the motel where she thinks he is staying on a business trip. “Can you please check on my husband?” The motel’s response: “nah.” She calls multiple times. Same answer. Next morning, the hotel housekeeper finds him dead.
Woman files a lawsuit and gets the medical testimony you would have thought had been impossible to get: the man would have lived if he received medical treatment when the motel was asked to check on the man.
The Supreme Court of Georgia, in a 4-3 decision, found that a hotel manager has no legal duty to investigate the health and safety of a guest by request. If the motel had knowledge that its invitee was in “imminent danger because of observation of the physical peril; no manner of investigation or inquiry was at issue.”
The dissenting opinion – and “Judge Me” agrees – was that Georgia would be better served joining the majority of states that have adopted the Restatement (Second) of Torts § 314A and finding that the innkeeper is obligated to act if he “knows or has reason to know” that his guest is ill or injured.