The Owner And Producer Of Wslz Essay

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The owner and producer of WSLZ will most likely be held liable for negligence because, under the totality of the circumstances test, the atmosphere created by the personal nature of information being shared on the Sherry Springer show and the circumstances of a previous incident. Common law requires that a plaintiff prove (1) a duty owed to the plaintiff by the defendant; (2) a breach of that duty by the defendant; and (3) injury to the plaintiff proximately caused by that breach. Hayden v. University of Notre Dame, 716 N.E.2d 603, 605, (Ind. App. 1999), (citing Wickey v. Sparks, 642 N.E.2d 262, 265 (Ind.Ct. App.1994)). For the purpose of this memo, only whether or not a duty was owed to Suzy Ann by WSLZ will be looked at. To determine if there was a duty Indiana courts use the totality of the circumstances test and, “all of the circumstances surrounding an event, including the nature, condition, and location of the land, as well as prior similar incidents, to determine whether a criminal act was foreseeable.” Ellis v. Luxbury Hotels, Inc, 716 N.E.2d 359, 361 (Ind. 1999), (quoting Delta Tau Delta v. Johnson, 712 N.E.2d 968, 972 (Ind.1999)). Courts will look at whether there are prior incidents and the defendants do not act unusual or give indication that they will become violent as seen in Ellis v. Luxbury Hotels, Inc. in which a hotel attendant gave the husband of a guest the guests room key because the husband told the attendant that he was the guest’s brother and was

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