· 10/1/2007
Hofer v. Gap, Inc.
Citations
- 516 F. Supp. 2d 161
- 2007 WL 2827380
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that plaintiff was bound by Expedia's terms and conditions because plaintiff's friend booked plaintiff's travel arrangements on Expedia's website
- concluding that the plaintiff was bound to Expedia’s terms and conditions under agency principles by giving her friend permission to book her travel plans on the website
- finding that a plaintiff failed to provide sufficient facts that Expedia, a travel website, had a duty to warn plaintiff concerning hazardous conditions at a third-party hotel
- finding online travel agents are generally not liable for the negligence or dangerous conditions of third-party hotel or travel operators
- “It is well-established that travel agents are not generally liable for the negligence or dangerous conditions of third-party hotel or travel operators.”
- “Res ipsa loquitur ... is not a separate cause of action that must be specifically set out in the pleadings, but rather a means by which a jury may infer negligence through the occurrence of an unusual event.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Saylor
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.