Civil liability of innkeepers for death or injury of person on premises caused by person who is not employee.
1. An owner or keeper of any hotel, inn, motel, motor court, boardinghouse or lodginghouse is not civilly liable for the death or injury of a patron or other person on the premises caused by another person who is not an employee under the control or supervision of the owner or keeper unless:
(a) The wrongful act which caused the death or injury was foreseeable; and
(b) There is a preponderance of evidence that the owner or keeper did not exercise due care for the safety of the patron or other person on the premises.
2. An owner or keeper of any hotel, inn, motel, motor court, boardinghouse or lodginghouse is civilly liable for the death or injury of a patron or other person on the premises caused by another person who is not an employee under the control or supervision of the owner or keeper if:
(a) The wrongful act which caused the death or injury was foreseeable; and
(b) The owner or keeper failed to take reasonable precautions against the foreseeable wrongful act.
Ê The court shall determine as a matter of law whether the wrongful act was foreseeable and whether the owner or keeper had a duty to take reasonable precautions against the foreseeable wrongful act of the person who caused the death or injury.
3. For the purposes of this section, a wrongful act is not foreseeable unless:
(a) The owner or keeper failed to exercise due care for the safety of the patron or other person on the premises; or
(b) Prior incidents of similar wrongful acts occurred on the premises and the owner or keeper had notice or knowledge of those incidents.
Last modified: February 27, 2006