If a hotel files a complaint against a guest for leaving without paying, what liability does the hotel face for not notifying the police?

In this scenario, the hotel would face liability for malicious prosecution if it initiates legal action against a guest without a reasonable basis for doing so, especially in the absence of evidence that a crime occurred (e.g., the guest simply leaving without paying for services). Malicious prosecution involves a suite of legal claims that typically arise when one party wrongfully uses the legal process with the intention to harm another. This suggests that, if the hotel filed a complaint and there was no legitimate basis to support the allegation of theft or fraud, the hotel could be held liable for initiating those proceedings maliciously and without justification.

The other options involve different legal concepts that do not accurately apply to this situation. For example, false imprisonment relates to unlawfully restricting someone's freedom of movement, which does not apply if the guest simply left the property. Negligence would require a breach of a duty that caused harm, but merely failing to notify the police does not fulfill this requirement in the context of a guest leaving. Lastly, the idea of being "not liable under any circumstance" does not capture the possibility of legal repercussions for improper use of the legal system, such as malicious prosecution, when there is an absence of wrongdoing by the guest.