Law case studies: Exemption clause?

Jimmy, a business man from Penang, stays at the Golden Flower Hotel whenever he visits Kuala Lumpur on business. He likes the hotel so much that he arranges a seminar for his staff at the hotel.


While he was attending the seminar, he entered a toilet which was automatically locked. The lock was defective and there was no handle inside the toilet to open the door. For about 10 to 15 mins. Jimmy banged the door and shouted to attract the attention of persons outside but no one came to his assistance. With a view to climb out. Jimmy slipped and was injured. He suffered a dislocation of his left hand and his valuable handphone struck the floor and was damaged. He brought an action against the Hotel for negligence and the Hotel raised that there is an exemption clause stated on the wall of the toilet stating that "Customers of this hotel takes their own responsibility to ensure their own safety and the Hotel will not held to be liable".


Advise Jimmy as to the rights available.

Law case studies: Exemption clause?
He may not have any. He needs to look and see what treaties his own country and that of the country he was visiting have entered into. (I'm not familiar with the cities and don't have a map handy at the moment - older version of web brower.) If they are in the same country he may be out of luck - unless this exemption is against public policy and not generally honored by the courts. In the USA, he could still sue and might even win. BUT, he is more likely to lose his case because he assumed the risk by trying to escape.



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