Final answer:
The resort hotel may be held liable for the injuries caused by the malfunctioning brakes on the rented bicycle. The existence of a maintenance policy and regular inspections suggests a duty of care towards guests, and negligence in maintaining the bike may be the basis for liability. The injured guest may need to provide evidence of the hotel's negligence.
Step-by-step explanation:
In this scenario, the resort hotel may be held liable for the injuries caused by the malfunctioning brakes. Despite following a policy on bike maintenance, the fact that the brakes malfunctioned while a guest was using the bike suggests that there may have been a failure in properly maintaining and inspecting the bike. The resort hotel has a duty of care towards its guests, and if it can be proven that they were negligent in ensuring the bikes were in proper working condition, they may be held responsible for the injuries.
One possible argument the hotel could make is that the malfunction was unforeseeable and not a result of negligence on their part. However, the existence of a rigorous maintenance policy and regular inspections suggests that they had a duty to ensure the safety of their guests. The injured guest may need to provide evidence that the malfunction was a result of the hotel's negligence, such as proving that the bike was not properly maintained or that the hotel knew or should have known about the brake issue.
In cases of product liability, such as the brake defect in the counter example scenario, manufacturers can be held liable for injuries or deaths caused by known defects. The manufacturer's prior knowledge of the defect and its potential for harm creates a legal duty to take appropriate measures to prevent risks to consumer safety. The same principles may apply to the resort hotel if it can be shown that they had knowledge of the brake malfunction issue but failed to take adequate steps to address it.