Win Punitive Damages Unless Hmd401 University Of

Win Punitive Damages Unless Hmd401 University Of

Win Punitive Damages Unless Hmd401 University Of

1) Read the tragic tale of Jane’s Bad Day and textbook.  Each group member list all of Jane’s injuries and for each one, state if you think Jane will win or lose her lawsuit for that injury and why.  Don’t divide these up among your group – each member complete all of them yourself.  

2) Reply to the other group member’s first post. For each injury, agree or disagree and explain why.  The points will be higher for this part because now you know more about it:  Look at the elements of each tort so far:  negligence, res ipsa loquitur, attractive nuisance, and negligence per se. For each injury, state whether you think Jane can use any or all of the torts in her case and explain why.

Here’s an example: For Jane’s broken foot, she can win her case for negligence.  The hotel owed her a duty to exercise reasonable care for her safety.  Alex breached the duty by driving too fast.  This injury was foreseeable because Alex should know it could happen if he drives too fast where there are a lot of people.  His breach of the duty by driving too fast was the proximate cause of Jane’s injury.  She can prove all of the elements of negligence, so she can win.  Jane could also sue for negligence per se if Alex was breaking a public safety law by driving so fast.  If he was, then she can also win that case too.  Her remedies could include compensatory damages for her lost income, medical bills, pain, suffering, and emotional distress.  She could not win punitive damages unless Alex intended to hit her.

1. Broken Ankle: Jane can win the case for negligence. Alex, the valet driver, neglected his duty to act reasonably by driving too fast in an area with guests. In addition, Alex may even get another penalty for exceeding the speed limit for the given area. Alex should know that he should not be driving that fast even if there are no people and therefore breached the duty. Lastly, there was a definite injury to Jane and the reckless driving was a proximate cause to the broken ankle. Her remedies could include compensatory damages for her lost income, medical bills, pain, suffering, and emotional distress.

2. Broken Left Hip: Jane will not be able to win this case because she is not able to prove all 4 elements. However, it will also depend. First, there is a clear signage explaining the extra step before entering the hotel. However, I would like to know if there was also a Caution sign placed by the spill of coffee. Even though the spill is visible, the employees should have placed a sign to warn guests of potential injuries. The sign is also mainly placed because they know and can foresee an injury if neglected. There was no breach of duty by the hotel because they did not intentionally place the spillage or cause it. Rather, it was caused by another guest. Yes, her injury was directly from the puddle of coffee but it was not due to hotel’s negligence. Especially, if the coffee was just spilled 5 minutes prior, they may be in the process of getting it cleaned or placing a sign. The hotel did not purposefully cause her to get injured.

3. Broken Left Knee: It will depend if Jane will win this case. Since she is the invitee of the hotel, she may still win the case if all of the four requirements exist. The hotel could not have foreseen that the elevator will break down. However, it will also depend if they were aware of its problems, neglected to resolve its issues, or ignored it altogether. It is very important to know whether or not the issue was made aware already. If the hotel is able to prove their regular maintenance and proof of no faults, Jane will not be able to win the case. In addition, this would also determine if they breached their duty or not. Was the incident foreseen due to negligence? In regards to the proximate cause, Jane did break her left knee due to the malfunction of the elevator.

4. Cut on right foot: Jane will most likely win the case. It may say guest only at the pool, but this simply means that it is for the hotel guest and to show that the pool is not open to the public. If Jane sneakily went in alone, she may have breached the rule. However, she went in as a guest of her friend Joan in which now she qualifies as a guest. First, the hotel pool should be readily maintained for the guests. This means keeping it clean and safe for usage. Yes, the proximate cause of her injury was from the broken glass. However, it will also depend on whether the pool attendant was negligent of glass dropped in the pool by another guest or the negligence of the pool maintenance that did not see that while cleaning. Either way, the hotel would be responsible for the lack of maintenance in the pool. The sign “swim at your own risk” does not include that they should foresee any problems that may lead to injuries like broken glass. Her remedies will include medical since the hotel did not intentionally hurt her or inflict her injury.

5. Broken Fingers: Jane can also win this case. First, Alex should have the legal duty to act reasonably as an employee of the hotel. He inflicted a violent behavior and Jane can also prove that it was due to absence of tip. There was also a breach of duty on how he acted as a valet attendant and once again, an employee. In addition, his rational actions led directly to her injury. It would be a different case if it was on accident, but this was intentionally done out of anger. Her remedies may include compensatory, medical bills, suffering, and even punitive because Alex intended to hurt her on purpose out of rage.