Negligence

852 WordsJun 22, 20114 Pages
The five elements of negligence that apply to the case of Mr. Margrieter V. New Hotel Monteleone, Inc are Duty, breach, cause in effect, proximal cause and harm (damage suffered as a proximal result of the defendant’s breach of duty). Duty refers to an obligation one has to another party. If duty “constrains and channels behavior in a socially responsible way” (Owen, 2007), then the Hotel Menteloene has a duty to take reasonable measures to protect its guests from harm. Breach, an improper act or omission, can also be viewed as an element that exists in this case. The hotel did not provide adequate security, as it did not replace the security personnel that had called in sick. It is particularly a breach if the hotel has…show more content…
The hotel uses Mr. Margrieter’s lack of clear memory of the events as a defense and his inability to return to New Orleans to identify his attackers as another defense, as he was stable enough to fly home to Denver for a Craniotomy (brain surgery). However, it does not require much in the way of mental capacity to take a flight on a commercial airline. A severe head injury and the subsequent recovery period after the brain surgery are limiting enough. The lack of evidence of the two men abducting Mr. Margrieter is perhaps the strongest argument the hotel can use. Without such evidence, it is difficult to prove that the actions of the hotel, such as inadequate security and failure to follow procedure in locking the freight elevator, led to Mr. Margrieter’s injury. Without evidence, cause in fact and proximal cause are hard to prove. Owen, D. (2007). The Five elements of negligence. Hoefstra Law Review, 35(4). Retrieved from http://law.hofstra.edu/pdf/Academics/Journals/LawReview/lrv_issues_v35n04_i01.pdf. United States Court of Appeals, 5th District (1981). Douglas T. MARGREITER, Plaintiff- Appellee, NEW HOTEL MONTELEONE, INC. and Liberty Mutual Insurance Company, Defendants-Appellants. No.

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