Mathias Brief - refunds because of the bedbugs and he...

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Mathias v. Accor Economy Lodging, Inc. Issue : Is the defendant, Accor Economy Lodging guilty of "willful and wanton conduct" and thus liable for punitive as well as compensatory damages? Rule : Respondeat superior principle states that employers are liable for torts committed by employees, if those torts occurred within the scope of employment. Tort is a civil wrong that is not a breach of contract. Punitive damage is designed to punish flagrant wrongdoers and to deter them as well as others, from engaging in similar conduct in the future. Application : The motel used EcoLab and they discovered bedbugs in several rooms, the motel was recommended a full fumigation but they refused. The evidence of recklessness, is the unjustifiable failure to avoid a know risk called bed bugs. The manager noticed requesting
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Unformatted text preview: refunds because of the bedbugs, and he recommended to the district manager. The district manager refused to close the hotel and spray every room. The plaintiffs were checked into rooms that were labeled, "Do not rent until treated." The defendant considers the act a simple negligence and punitive damages should not be awarded. The plaintiffs did not present evidence concerning the regulatory or criminal penalties to which the defendant exposed itself by deliberately exposing its customers to a substantial risk of being bitten by bedbugs. Conclusion : Deliberate exposure of hotel guests to the health risks created by insect infestation exposes the hotels owner to punitive damages awarded in this case....
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