Amusement Park Negligence

Did the employees follow the store safety procedures on the day in question? This validates if the employees were negligent in their duties.

Also to avoid dangerous moving and handling, the employees then have the responsibility of making sure they use all equipment as they have been trained to do so, follow all health and safety working practices within their workplace, avoid putting themselves, other staff, individuals or visitors at risk, and making sure they report any hazards or risks to their employer.

Negligence: A person acts negligently if they should have been aware of a substantial and unjustifiable risk that a certain consequence would result from their actions. Although the level of risk is the same for both recklessness and negligence, the difference between the two is that with recklessness, the actor must be aware of the risk involved with her actions, whereas, for negligence, the actor is not aware of the risks but should have known what those risks were”(National Paralegal College, 2017).

The human resources process has to accompany both the employee and employer in regard to safety issues. An employee wants the assurance of safe and healthy working conditions; anything less exposes danger to their own wellbeing. In addition employees must take heed to precautions design by the organization. However an employer wants to avoid expenditures in overhead by cutting cost or corners often putting their employees at harmful risk. In addition, organizations also have a lawful obligation in which they have to provide a safe workplace by preventing accidents, hazards, serious injuries or accident-related deaths. Negligence on either behalf can result in determination, fines, citations, work-related

If the commissioner 's actions caused by his breach of duty link to the damages suffered, the plaintiff’s party must also prove proximate cause, the fourth element of negligence. The two key concepts of proximate cause are that the tortfeasor’s conduct was the closest in to proximity to the damages and that there was no superseding causes that could cancel out the tortfeasor’s liability. In determining proximate cause, courts use foreseeability in defining the scope of risk. Given the statistics of an average of 1,750 injuries per year, the commissioner could have foreseen the possibility of injuries to MLB fans (Gail Payne v. Office of the Commissioner of Baseball (MLB), 2015). However, proximate cause cannot prevail as an element of proof because there are multiple superseding causes of these injuries that cancel the commissioner 's liability. One superseding cause would be the pitcher throwing a ball in a certain way, combined with the batter’s action of swinging the bat. This forced the ball and/or bat to exit the field of play, injuring the plaintiffs. Another superseding cause is the section the plaintiffs decided to purchase tickets. In this case, tickets purchased in an exposed section along the first base line are more dangerous than those covered by protective netting.

Roller coasters are the bomb. Would people still enjoy amusement parks if they knew the danger of them? Roller coasters cause deaths and severe injuries. In one year, there’s 350 injuries on roller coasters. It’s like an injury a day! Now, it’s much rarer, because the technology is safer, but there’s always a slight risk. Inspectors notice that most injuries or deaths are from rides over twenty years old. One coaster is less than 10 years old. Amusement parks are fun, but can be life threatening.

Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case

Background Cedar Point Amusement Park is a 364 acre theme park located on a Lake Erie peninsula in Sandusky, Ohio. The park has been open since 1870, and is the third oldest park in North America. It is currently tied with Six Flags Magic Mountain for having the most roller coasters in the world. Outside the park is a mile-long white sand beach, an outdoor water park called Soak City, two marinas, several resorts, and an area known as Challenge Park that houses upcharge attractions (golf, racing, rip cord and skyscraper rides). Typically, the park's operating season runs daily from Mid-May through Labor Day, and then on the weekends until late October, when it becomes too chilly for most people to remain comfortable. The park has a number of milestones that draw tourists from all over the Midwest; and is known as "America's Roller Coast," and the "Best Amusement Park in the World" for the past fourteen years (Golden Ticket Awards 2011, 2011).

For a plaintiff to win a case they need the following. Show that they are

The court case is that Dr. Nalwa took her two kids on bummer car at the Great America amusement park. While they were riding the ride, she fractured her wrist. She saying that the ride was not safe. That it was the amusement park fault.

To meet the fourth element –special injury- a plaintiff must show a special injury from the previous malicious suit. A special injury can be met by

Every owner of a premise has the responsibility to maintain safe condition of the premises. The failure to do so leads to damage and trouble for other people. Potential hazards often lead to life-threatening situations, compelling the victim to undergo severe pain and loss. Premises Liability cases can be categorized into different type namely hazardous building accidents, negligent security, sidewalk accidents, slip & fall accidents, slippery floor accidents and elevator & escalator accidents.

If the commissioner 's actions caused by his breach of duty are linked to the damages suffered, the plaintiff’s party must also prove proximate cause, the fourth element of negligence. The two key concepts of proximate cause are that the tortfeasor’s conduct was the closest in to proximity to the damages and that there was no superseding causes that could cancel out the tortfeasor’s liability. In determining proximate cause, courts use foreseeability in defining the scope of risk. Given the statistics of an average of 1,750 injuries per year, the commissioner could have foreseen the possibility of injuries to MLB fans (Gail Payne v. Office of the Commissioner of Baseball (MLB), 2015). However, proximate cause can not be proven because there are multiple superseding causes to these injuries that cancel the commissioner 's liability. One superseding cause would be the pitcher throwing a ball in a certain way, combined with the batter’s action of swinging the bat. This forced the ball and/or bat to exit the field of play, injuring the plaintiffs. Another superseding cause is the section the plaintiffs decided to purchase tickets. In this case, tickets purchased in an exposed section along the first base line are more dangerous than those covered by protective netting.

The main idea of the law of negligence is to ensure that people exercise reasonable care when they act by measuring the potential harm that may foreseeably cause harm to other people. Negligence is the principal trigger for liability to ascend in matters that deal with the loss of property of personal injury. Therefore, a person cannot be liable for something unless they have been found negligent or have contributed to the loss of property or injury to the plaintiff (Stuhmcke, 2005). There is more to

Part of the employer’s responsibility is to control potential workplace hazard and correct hazardous conditions or practices as they occur or are recognized. If an employer effectively identifies these or other red flags, he should begin and keep accurate documentation of the incident, investigate the accident adequately, and provide safety and health training annually.