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In the ever-evolving landscape of legislative requirements, recent initiatives under Title 47 of the U.S. Federal Code have brought significant changes to how multi-line telephone systems (MLTS) are deployed in various establishments, particularly hotels and motels. These new regulations emphasize the critical need for compliance to ensure public safety and emergency readiness. According to IBISWorld, there are 107,902 hotel and motel businesses in the United States as of 2023. Based on 2020 statistics from Statista, this translates to approximately 5.29 million hotel rooms.
If one were to poll a random group of people about the standard amenities offered in a typical hotel room, the list would likely include:
- Bed with Sheets
- Bathroom with Toilet and Shower
- Soap/Shampoo/Toilet Paper
- Television
- Telephone
Most people would probably use at least 80% of these amenities, with the remaining 20% being used by those scheduling a wake-up call or needing the address for pizza delivery. Can you guess which one is in the remaining 20%? Of course, it’s the telephone.
The expectation that a telephone will be present in a hotel room is extremely significant. From a layman’s perspective, “Duty of Care” is a legal obligation that requires a person or organization to act with reasonable care to avoid harming others. This common law concept applies to many aspects of public life, including the workplace, and is relevant in situations where it’s foreseeable that someone could be harmed by another’s conduct.
Since I’m not an attorney, nor do I play one on TV, I reached out to my legal mentor for all things MLTS/911 related, Telecommunications Attorney Martha Buyer, for her thoughts. Martha tells us:
Like all businesses, hotels and other “facilities of accommodation” look to invest their money in areas that will generate the most revenue. As traditional landline use has declined, so too have many such facilities determined that it no longer makes sense to pay for the infrastructure and end use devices themselves that largely go unused in many such rooms. While this may be true in MOST cases—strictly from the financial perspective—it not only doesn’t make sense in the rare instance when the guest’s mobile device isn’t an option when an emergency occurs, but it’s downright dangerous. Failure to provide dialtone could easily be argued [to a jury] as negligent conduct if not more, exposing the operator to significant legal risk.
– Martha Buyer Martha@MarthaBuyer.com
Why is This Relevant?
Some hotels are deciding to remove phones from hotel rooms to avoid the expense or effort required to become compliant with Kari’s Law or the RAY BAUM’S Act for 911 services and dispatchable location reporting. Their logic is that if the phone is not there, the requirement is removed. What MLTS operators fail to understand is that by avoiding one law, they are breaching the implied Duty of Care contract with their customers, potentially exposing themselves to significant tort judgments should an emergency occur. Even worse is doing nothing, assuming that no one would ever use the phone to call 911, opting for their cell phone instead.
When assessing any facility’s emergency readiness state, it is always a good idea to enlist the services of an expert who covers the entire gamut or has access to specialized resources that can provide relevant opinions on various topics.
Certainly, don’t be fooled by potentially tiny loopholes found in the law by anyone. In a wrongful death tort case, it is much less clear what the right thing to do is, and if pressed into a jury trial, you have 12 people deciding your fate who have no concept of telecommunications law.
The Importance of Compliance
Kari’s Law, named after Kari Hunt, mandates direct dialing of 911 without requiring a prefix (such as dialing ‘9’ first) in MLTS environments. It also requires that a notification be sent to a central location on the property or another person when a 911 call is made. This law was signed into effect on February 16, 2018, and has since become a crucial aspect of ensuring public safety in places like hotels and motels.
RAY BAUM’S Act, which stands for Repack Airwaves Yielding Better Access for Users of Modern Services, further enhances 911 capabilities by requiring that “dispatchable location” information is provided to emergency services. Dispatchable location includes the street address of the caller and additional information such as room number, floor number, or other specific location details within the premises. This law ensures that emergency responders can quickly and accurately locate the caller, potentially saving lives in critical situations.
Implementing these laws ensures that guests in hotels and motels have access to emergency services quickly and efficiently. The presence of a telephone in each room is not just a convenience but a critical safety feature. The removal of telephones to bypass compliance can have dire consequences and demonstrates a lack of understanding of the broader implications of Duty of Care and tort law.
The Legal Ramifications
In tort law, a breaching Duty of Care can lead to significant legal consequences. If a guest in a hotel is unable to access emergency services due to the absence of a telephone, the hotel could be held liable for any resulting harm. This liability arises from the hotel’s failure to provide a safe environment and its negligence in ensuring that guests can access critical services.
Consider a scenario where a hotel guest experiences a medical emergency and cannot call 911 because there is no telephone in the room. If the guest suffers harm as a result, the hotel could face a lawsuit for negligence. The court would examine whether the hotel met its Duty of Care obligations and whether the removal of telephones contributed to the harm.
Additionally, in a wrongful death case, the stakes are even higher. The family of a deceased guest could argue that the hotel’s failure to comply with Kari’s Law and RAY BAUM’S Act directly contributed to their loved one’s death. The absence of a telephone, and therefore the inability to quickly reach emergency services, could be seen as a significant factor in the outcome. The hotel could face substantial financial penalties, reputational damage, and other legal repercussions.
Ensuring Compliance
To avoid these legal pitfalls and fulfill their Duty of Care, hotels and motels must take proactive steps to ensure compliance with Kari’s Law and RAY BAUM’S Act. This includes:
- Installing Compliant Telephone Systems: Ensure that all telephones in the hotel can dial 911 directly without requiring any prefixes and that they are capable of providing dispatchable location information.
- Regular Testing and Maintenance: Conduct regular tests of the telephone system to ensure it is functioning correctly and that emergency calls can be made without issues. Maintenance should also include updating location information as needed.
- Training Staff: Train hotel staff on the importance of these laws and how to handle emergency situations. Staff should know how to respond to 911 calls and assist guests in emergencies.
- Educating Guests: Provide information to guests about how to use the telephone system in case of an emergency. This can be included in the room information booklet or displayed on the telephone itself.
- Consulting Experts: Work with telecommunications and legal experts to ensure full compliance with all relevant laws and regulations. These experts can provide guidance on the best practices for maintaining a safe and compliant environment.
The Duty of Care in the context of hotel and motel operations is not just a theoretical concept but a practical necessity that can have serious legal implications. Compliance with Kari’s Law and RAY BAUM’S Act is essential to ensure that guests have access to emergency services when needed. Removing telephones from hotel rooms to avoid compliance is a misguided strategy that can lead to significant legal and financial consequences.
By understanding the importance of these laws and taking the necessary steps to comply, hotels and motels can fulfill their Duty of Care, protect their guests, and avoid the pitfalls of tort law. Ensuring that telephones are present and functional in every room is a simple yet crucial step in safeguarding guests’ well-being and upholding the legal standards set forth by these legislative initiatives.
While cutting corners and saving costs by removing telephones may seem tempting, the potential risks far outweigh the benefits. Hotels and motels must prioritize the safety and well-being of their guests by adhering to the requirements of Kari’s Law and RAY BAUM’S Act, thus demonstrating their commitment to Duty of Care and avoiding the severe repercussions of non-compliance.
To better understand affordable options that provide your commercial facility with current NG911-compliant solutions (with full backward compatibility to E911 solutions) that eliminate future technology changeouts, speak with one of the engineers at 911inform for a no-obligation consultation. Reach out at 833-333-1911, or visit online at http://911inform.com.
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Mark J. Fletcher, ENP
VP Public Safety Solutions at 911inform
(Direct) 973-826-9111
The World According to Fletch . . . 