The Carters traveled to a concert at the Birmingham Civic Center and checked int
ID: 417718 • Letter: T
Question
The Carters traveled to a concert at the Birmingham Civic Center and checked into the Birmingham Civic Center Travelodge. That afternoon, they purchased fast food and went back to their room to eat, relax, and enjoy a romantic interlude away from home. The wall on one side of the room was covered by a mir- ror. Concerned about noises (not theirs) while they were enjoying the room, the Carters investigated and discovered a large hole in the wall behind the mirror. It would be possible for someone to look into their room from the adjoining room. Without specific proof that anyone observed the Carters, could they recover for invasion of privacy? [Carter v. Innisfree Hotel, Inc., 661 So.2d 1174 (Ala.,1995).]
Explanation / Answer
It is the duty of the hotel to keep the privacy of the customers, they can't put hole in the wall and placed mirror to cover the hole.The intention of the hotel management may not be to intrude the privacy of the guest but they should not put such thing in place. In previous cases like Nipper v. Variety Wholesalers, Inc., Phillips v. Smalley Maintenance Services, Inc., Alabama Electric Co-operative, Inc. v. Partridge the subsequent court had ruled that privacy can be intruded by invasion of physical space or an invasion of one's emotional sanctum. Substantial proof cannot be demanded to proof intrusion of privacy.