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
Foresee ability is also an aspect of proximate cause. If the hotel was
warned of a nearby burglary, the foresee ability that a great potential for burglary or harm to guests
existed also applies in this case.
The last requirement of negligence, harm, the damage suffered as a proximate result of the
defendant’s breach of duty. It is clear that the hotel did not provide adequate protection for guests,
whether Mr. Margrieter or any other guests in the hotel. Even without the event that cause such
severe injury to the man, the hotel put its other guests at risk of harm.
While the hotel has attempted to use many defenses, such as Mr. Margrieter’s supposed
Intoxication and downplaying the seriousness of his injuries, the only defense that could possibly
be used is the supposed intoxication. However, this was the professional opinion of police officers
who found the man 3 blocks away, not a documented or verified fact. There are no reports of
blood alcohol levels taken at the hospital where he was treated. There are no facts, just the
professional opinion of law enforcement. While they may be trained to determine intoxication, there
are many types of illness and injury that can mimic intoxication, such as head trauma, diabetes and
others. While the hotel might use intoxication as a defense, it could then claim that in order for
Mr. Margrieter to be intoxicated, he had to leave his hotel room of his own accord or that he could
have consumed way too much alcohol and...