Yew Huoi, How & Associates | Leading Malaysia Law Firm

Menu

NEGLIGENCE – HOTEL LIABILITY: UNVEILING THE LEGAL RISKS IN NEGLIGENCE AND VICARIOUS LIABILITY CASES

Illustrative Scenario

X, the deceased, checks into the ABC Hotel and is found dead in his room several days later. Investigations reveal two suspects who allegedly used an access key card belonging to Y, a housekeeping assistant at the hotel, to enter X’s room.

The question arises whether X’s widow can bring a negligence claim against Y, and whether ABC Hotel and its owner can be held vicariously liable for Y’s actions if Y is found negligent.

Legal Principles

  • Burden of Proof: In a negligence claim, the burden of proof lies entirely with the party making the allegation. The claimant must establish their case before the burden shifts to the opposing party.
  • Elements of Negligence:
    1. The defendant owed the plaintiff a duty of care.
    2. The defendant breached that duty of care.
    3. The plaintiff suffered damage as a direct result of the breach, and the damage is not too remote.
  • Hotel’s Duty of Care:
    Courts have consistently held that hotels and their employees are responsible for safeguarding guest room keys. Hotels may be found negligent if unauthorized individuals gain access to guest rooms due to the hotel’s failure to properly secure keys. The duty of care extends to ensuring guest safety at all times.

Application to the Scenario

In this scenario, Y, as a housekeeping assistant responsible for maintaining guest rooms, had a duty to restrict access to the rooms strictly to authorized personnel. Y should have directed any unauthorized individuals to the hotel’s reception for verification. If Y allowed unauthorized access, Y could be held liable for negligence.

Vicarious Liability of the Hotel

ABC Hotel and its owner may be held vicariously liable if Y’s negligence was foreseeable and occurred during the course of Y’s employment. Given that Y’s actions directly led to harm suffered by X, it is likely that ABC Hotel and its owner would be found vicariously liable for Y’s negligence.

Reference Cases

  • Wang Cuilin (Suing as the lawful wife and the Administrator of the estate of Xie Ning) v. Nurul Suhaida bt Dahlan & Ors [2024] MLJU 1920
  • Wong Thin Yit v. Mohamed Ali [1971] 2 MLJ 175
  • Teoh Guat Looi (the Lawful Widow) Claiming for Herself and Her Two Children as the Defendants of Tay Kok Wah, Deceased v. Ng Hong Guan [1995] 1 CLJ 717
  • Projek Lebuh Raya Utara-Selatan Sdn Bhd v. Kim Seng Enterprise (Kedah) Sdn Bhd [2013] 6 CLJ 958
  • John C Fleming & Anor v. Sealion Hotels Ltd [1978] 2 MLJ 440
  • Kinta Riverfront Hotel & Suites Sdn Bhd v. Chang Yok Kee & Anor [2020] MLJU 61
Back to Latest Legal Updates

Recent Post

LEGAL UPDATES – THE SILENT CURVE: WHY MEDICAL PREMIUMS SUDDENLY SPIKE

Medical insurance premiums do not increase gradually. They rise exponentially. For many years, costs appear manageable, giving policyholders a false sense of stability. However, once the insured reaches their mid-60s, medical charges begin to accelerate sharply, and after age 70, they often outpace the premiums by several multiples.

This happens because medical insurance is funded from a finite pool of money – an investment “bucket” – while the medical rider functions like an engine that consumes more fuel as the insured ages. When the engine grows faster than the bucket can be replenished, depletion is inevitable. The result is sudden premium hikes, demands for top-ups, or policy lapse – not due to misconduct or missed payments, but due to the structural design of the product itself.

Read More »
8 February ,2026 尚無留言

THE ‘COVER UNTIL 99’ MYTH – WHY INSURANCE AGENTS GET IT WRONG

Consumers must stop relying on what insurance agents say and start reading what insurance policies actually provide. ‘Medical cover until 99’ does not mean guaranteed coverage at an affordable premium. In reality, medical insurance charges rise exponentially after age 70, often making the policy mathematically unsustainable. By the time policyholders realise this, they are told to top up tens of thousands of ringgit or lose coverage altogether.

Read More »
8 February ,2026 尚無留言

STRATA TITLES ACT – DEVELOPER MUST ACCOUNT FOR COMMON PROPERTY COMPENSATION: HIGH COURT IMPOSES CONSTRUCTIVE TRUST

In JMB Kelana Square v Perantara Properties Sdn Bhd & Ors [2025] 12 MLJ 51, the High Court held that a developer who received compensation for land compulsorily acquired for the LRT 3 project could not retain sums attributable to common property. Although the compensation was paid entirely to the developer as registered proprietor, the Court found that part of the acquired land constituted common property, and the developer therefore held RM6.05 million on constructive trust for the Joint Management Body. The decision affirms that JMBs have proprietary standing to recover compensation for common property and that courts will intervene to prevent unjust enrichment in strata developments.

Read More »
1 February ,2026 尚無留言

UNFAIR DISMISSAL – MEDICAL LEAVE IS NOT MISCONDUCT: HIGH COURT UPHOLDS INDUSTRIAL COURT’S PROTECTION OF SICK EMPLOYEE

In Aerodarat Services Sdn Bhd v Lawerance Raj a/l Arrulsamy & Anor [2025] 11 MLJ 26, the High Court dismissed an employer’s judicial review and affirmed that prolonged medical leave does not, by itself, amount to misconduct justifying dismissal. The Court held that the employer failed to prove the critical element of intention not to return to work or unwillingness to perform contractual duties, despite high absenteeism caused by serious illness and surgery. The ruling reinforces that employers must distinguish between genuine illness and misconduct, and cannot rely on medical absence alone to terminate employment.

Read More »
1 February ,2026 尚無留言

WILL AND PROBATE – COURT OF APPEAL INVALIDATES WILL OF 97-YEAR-OLD TESTATOR: CAPACITY, SUSPICION AND UNDUE INFLUENCE PROVED

In Kong Kin Lay & Ors v Kong Kin Siong & Ors [2025] 5 MLJ 891, the Court of Appeal set aside a will executed by a 97-year-old testator, holding that there was real doubt as to testamentary capacity, compounded by serious suspicious circumstances and undue influence by certain beneficiaries. The Court emphasised that while the “golden rule” is not a rule of law, failure to obtain medical confirmation of capacity where doubt exists is a grave omission. Credibility issues with the drafting solicitor, beneficiary involvement in the will’s preparation, and suppression of evidence led the Court to declare the will invalid and order intestacy.

Read More »
1 February ,2026 尚無留言

NOT AN ‘AGREEMENT TO AGREE’: ENGLISH COURT OF APPEAL SAVES LONG-TERM SUPPLY CONTRACT DESPITE OPEN PRICE CLAUSE

In KSY Juice Blends UK Ltd v Citrosuco GmbH [2025] 2 Lloyd’s Rep 581, the UK Court of Appeal held that a long-term supply contract was not unenforceable merely because part of the price was stated as “open price to be fixed”. The Court implied a term that, in the absence of agreement, the price would be a reasonable or market price, noting that the product’s value could be objectively benchmarked against the market price of frozen concentrated orange juice. Emphasising that courts should preserve commercial bargains rather than destroy them, the decision confirms that section 8(2) of the Sale of Goods Act 1979 operates as a saving provision, not a bar to enforceability.

Read More »
1 February ,2026 尚無留言
zh_TWZH
en_USEN ms_MYMY zh_TWZH
× 联系我们