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14 Mem. St. U. L. Rev. 189 (1983-1984)
Innkeeper Liability for Criminal Acts of Third Parties: Should Negligence of the Franchisee Extend to the Franchisor

handle is hein.journals/umem14 and id is 199 raw text is: NOTES Innkeeper Liability for Criminal Acts of Third Parties: Should Negligence of the Franchisee Extend to the Franchisor? INTRODUCTION Criminal assaults by third parties against the guests of inn- keepers have become an ever increasing problem for the travel- ling public, the innkeeper, and society as a whole. The following hypothetical situation presents such a problem and illustrates the difficulties encountered in determining whether the inn- keeper has taken reasonable precautions for the safety of his guests. At 11:00 p.m., Jane Doe signed the motel guest register, re- ceived her door key from the front desk clerk and proceeded up the elevator to the fourth floor in search of her room. From the elevator, Ms. Doe walked a short distance down the hallway and located her room. While she was attempting to unlock the door, she was knocked to the floor, robbed, and raped by an unknown assailant. The individually-owned motel, operating under a franchise agreement with a nationally known motel corporation, was equipped with an advanced and sophisticated security sys- tem; several security guards were continually posted in and around the motel property, and adequate lighting was provided both inside and outside the motel. In general, the motel was a very safe place. Yet, despite these precautions, a third party as- sailant had entered undetected and had committed a criminal act upon a guest. Unfortunately, similar instances of third party assaults upon motel guests have occurred in the past and will, undoubtedly, occur in the future.' 1. See Budoff v. Holiday Inns, Inc., 732 F.2d 1523 (6th Cir. 1984) (judgment for

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