Kelly V. Movie Theater Essay

1. The medical care facility should have had an interpreter there at the childbirth. I think it was absolutely ridiculous for Sherry to have to go through natural childbirth and have the incident with the air not being on as well. The doctors and nurses should have also been properly trained and more compassionate.

In this case, Rebecca had seen the waiter wiping the floor, and assumed that all of the moisture had been cleared away. Then she did not ask the waiter about the damp floor, continue to dance vigorously. Therefore, the defendant could apportion part of damages by contributory negligence.

The Tort of Negligence put the claimant in the position to prove that the defendant owed to them a duty of care, the defendant breached that duty and the claimant must have suffered damages as result of that breach (Donoghue v Stevenson [1932] AC562).

On March 21, 2015, Reuters reported that the King Pine lift at Sugarloaf Mountain Ski Resort malfunctioned. Nine chairs travelled backwards on the cable, injuring seven people; three of whom required hospitalization for non-threatening injuries. Sugarloaf experienced a similar incident on December 28, 2010. (Cavalier, 2015) Bangor Daily News reported that eight individuals were hospitalized for injuries as a result of the derailment of the Spillway East chairlift. Rick Tounge, one of the eight injured, stated, “I think we’re pretty conscious of the risk we think we’re taking (in skiing), and that involves trees and other skiers and that stuff. You don’t expect the chair to try and kill you.” (Portland Press Herald, 2011) Michael Katz filed suit against Sugarloaf Mountain Resort on the following six causes of action: I. negligence, II. common carrier liability, III. strict product liability, IV. breach of warranty, V. loss of consortium, VI. punitive damages. The defendants moved for dismissal of claims II, III, and IV. The Superior Court of Maine granted the motion to dismiss claims III and IV but denied the motion to dismiss on claim II. (Michael and Patricia Katz et al v. CNL Lifestyle Properties et al).

Negligence is when somebody has a duty of care and that duty is breached. Negligence is split into 3 parts.

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

Negligence is when someone is failing to do something that a reasonable person would do in a similar situation or, doing something that a reasonable person did not do in a similar situation.

To prove the negligence of the Big Slope Resort, Ben and Jerry must prove five elements of negligence. First, they must prove the resort’s duty. In this instance, duty is clear as Ben and Jerry are business visitors for whom the premises should be reasonably safe. Second, breach of duty must be proven. The resort’s failure to inspect the lift for guests prior to the shutdown satisfies that requirement. Third, the breach of duty must have caused damages. Ben and Jerry suffered physical injuries as a result of being stranded. Fourth, the breach of duty must have been the proximate cause of the damages. In other words, the breach of duty must be closely linked with the resulting damages. For this case, the actions of the resort were the only cause for the injuries. There were no other factors separating the cause and effect. Finally, there must be damage or injury. Ben and Jerry suffered from frostbite and other injuries, which qualify for this final criteria of

Plus, the reason for one of them to fall is because of the fact that they flushed the toilet with a unfinished plumbing, causing the water to spill, and made the floor wet, as a result, the man slipped and broke the wrist. Therefore, these two young man should share the liability for this accident.

Conclusion: Sylvia and Arnold are not held liable for a negligent tort against Betty because even though they didn’t warn her of unsafe conditions on their property, she simply wasn’t involved in a recreational activity upon entering their premises.

The nurse never should have dismissed the event of incorrect food delivery that is very important to that patient's culture. The nurse also should have notified the daughter of the need for restraints before they were implemented and given her the option to sit with her father rather than applying restraints.

Large yellow school busses lining the streets, school parking lots filled with employee cars, and students walking to school with loaded backpacks; all signs that school is in session. With the excitement of motivated students filling the classrooms and sounds of young chatter in the hallways, it is almost impossible to think that anything could go wrong during the school year. However, in no time, a student is on the ground with a large gash down their leg and a broken arm. It was not clumsiness or mischief, it was the uneven blacktop that has been cracked for the past four years. This scenario could be an occurrence at many sites, however, with proper procedure, and maintenance, possible cases of negligence can be avoided. At Lakeside Middle School, the administration and custodian personnel conduct walkthroughs on a regular basis, yet there are still possible cases of negligence lurking in the realm.

R/s around November 05, 2014, Calli (8) was severely injured. R/s Calli had extensive bruising to her face, two black eyes, facial swallowing, and bruising to her jaw. R/s also bruises was on the child’s lower back and upper leg. R/s it was reported that Calli could have had skull fracture. R/s the injuries was reported as suspicious nonaccidental trauma. R/s at the time of the incident Calli and her stepmother, Karen were the only two people at home. R/s Calli’s father Patrick was traveling out town for work. R/s on November 06, 2014, Patrick found Calli with the injuries to her face and the child was taken to the ER at Palmetto Health. R/s Karen pretended to the Calli’s mother. R/s according to Karen, Calli had fallen several times the few

For my client, the defendant, there is a strong point that the water spill was not an unreasonable risk of harm to people on the property. In order for the plaintiff to recover damages, the plaintiff has to show there was a condition on the defendant 's property which presented an unreasonable risk of harm to people on the property. Jury Instructions: 35. Here, the puddle that accumulated in the toy aisle was not a

RULE - Negligence occurs when an entity fails to exercise ordinary care to avoid injury to others. For a valid negligence claim the plaintiff must establish the following elements of proof: duty of care, breach of duty, cause in fact, proximate cause, and actual loss or harm. If the defendant can attack any of these elements they may successfully defend the negligence suit. The first element is establishing the presence of a duty of care owed by one party to another.