Can my manager force me to be responsible for a disabled adult left on our property without supervision to use the pool?

UPDATED: Sep 30, 2022

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Can my manager force me to be responsible for a disabled adult left on our property without supervision to use the pool?

I am the Assistant Manager of a hotel, my manager has made arrangements with a
family member of a gentleman living in assisted living for him to come and use
our pool. In the contract, the GM stated to ‘let front desk know if they have to
call someone to come and pick him up’. After an incident last week, I am not okay
with this arrangement, and I felt responsible for this gentleman. Last week, he
was dropped off, then he sat in our lobby for 30 minutes after swimming
unattended before I finally asked him if he was okay. He couldn’t tell me
anything except the name of the assisted living center he lived at. I then had to
call around to find the right person to come and get him. She also states in the
contract that the hotel property is not liable, does that cover the staff as
well? The entire thing just screams NO NO NO to me.

Asked on February 13, 2017 under Employment Labor Law, Wyoming


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, your employer can require you to do this: your employer can require you to do anything not intrinsically illeag, and there is nothing illegal about a hotel employee watching an incompetent guest. As to liability: you could be held liabke for your own negligent (careless) or otherwise wrongful action, such as if while watching him, you walk away and he is injured while you are inattentive. You would not be liable for anything not your fault, such as if he had a seizure or did anything to injure himself while you were watching him responsibly.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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