Princess Hotels International, Inc. v. Superior Court

In this case, we hold that a hotel has no duty to warn its guests of a dangerous condition of adjacent property over which the hotel has no control, to wit, the ocean currents.

Petitioner Princess Hotels International, Inc. (Princess) is a defendant in an action for personal injuries and wrongful death brought by real parties Linda L. Pearson and the estate of her deceased former husband, Robin H. Pearson. Linda Pearson was seriously injured and Robin Pearson was killed when the two went swimming in the ocean adjacent to their Acapulco hotel. Their complaint alleges the hotel, purportedly under Princess’s corporate control, was negligent for failing to warn them of the dangers of ocean swimming. Princess moved for summary judgment, arguing, inter alia, that the hotel had no duty to warn. The superior court denied the motion. Princess now seeks a writ of mandate to compel the superior court to grant the motion. We stayed proceedings, issued the alternative writ, and heard oral argument. We agree with Princess and issue the writ of mandate.

I. Procedural Background and Facts

Although certain facts surrounding the swimming accident are in dispute, the basic facts are more…