This website uses cookies to ensure you have the best experience. Learn more

Negligence Essay

870 words - 4 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

...view middle of the document...

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...

Other Papers Like Negligence

Proof of Negligence Essay

1334 words - 6 pages Law and Health Care- Proof of Negligence Vickie Young Dr. L. Forbes Strayer University January 22, 2012 Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case. Negligence is defined as “conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the

Case Study on Negligence

2187 words - 9 pages Case Study on Negligence - Stella v Christine Stella can take an action of Negligence against Christine for her careless conduct regarding the slippery floor as well as the heating urn and steamer. She will be the plaintiff, and Christine, the defendant. Stella bears the burden of proof that Christine owed her a duty of care, but omitted to perform it, which caused her personal injuries and economic loss. The elements, including duty of care

Negligence in Healtcare Law

2136 words - 9 pages MBA 5101 Unit 1 Case Study Gary Campbell Our text defines a tort as “a civil wrong” and negligence as “a tort, a civil or personal wrong” (Pozgar, 2012). Negligence as it is related to healthcare is an unintentional commission or omission of an act that a reasonably prudent person or organization would or would not do under normal circumstances. Not following a recognized standard of care could be considered negligence. The

Legal Case Study Negligence

2943 words - 12 pages Karen may have an action against ABBBW for her broken arm. The occupier-occupant relationship is an established duty case. The facts also clearly establish breach by stating that ABBBW had ‘carelessly forgotten to put up a sign’. Finally, causation is clear from the statement that Karen tripped ‘due to this instability’. The only issue which must be addressed is whether the legislative presumption of contributory negligence is applicable to

Negligence in Certified Nursing Assistant

1217 words - 5 pages Rika, your running head is almost correct; see sample paper in doc sharing Negligence in Certified Nursing Assistant Practice Erika Igarta-Illescas HSM 320 Health Rights and Responsibilities September 24, 2011 Beth VanOrsdale Negligence in Certified Nursing Assistant Practice Do not bold or underline title Negligence according to Fremgen (2009), is an unintentional action that occurs when a person either performs or fails

School Sport Injuries and Negligence

1211 words - 5 pages , intentional and negligent torts tend to be more common types of tort actions in school sports settings. However, the vast majority of tort liabilities applicable to school situations are based on negligence. The tort of negligence is an unintentional tort that focuses on an individual's behavior or actions. It differs from intentional torts, which focuses on an individual's state of mind or intent. Normally, it is quite difficult to find

The Ethical Negligence of Parents

695 words - 3 pages a most that school age children be vaccinated, since they may be exposing many other children. REFERENCE: -Ruggiero, Vincent. Thinking Critically About Ethical Issues, 8th Edition. McGraw-Hill Learning Solutions, 01/2011. VitalBook file. -The ethical negligence of parents who refuse to vaccinate their children. (n.d.). Retrieved May 29, 2016, from https://www.washingtonpost.com/news/to-your-health/wp/2014/06/26/the-ethical-negligence-of-parents-who-refuse-to-vaccinate-their-children/

Aspects of Contract and Negligence for Business

527 words - 3 pages INTRODUCTION In reality, negligence simply means carelessness to do something unintentionally to cause damages to others says, negligent driving, mistakenly manufacturing left decomposed snail in beer, insufficiently unrestrained dogs causing injuries. Normally, the tortfeasors in negligence are sought for compensations rather than imprisonment. This study focuses on figuring out the harmonies and dissimilarities of liability in tort and

Aspects Of Contract And Negligence For Business

4339 words - 18 pages |Unit number and title | |BTEC HND IN BUSINESS | Aspects of Contract and Negligence for Business

Basic Principles of the Tort of Negligence

587 words - 3 pages Basic principles of the Tort of Negligence 1. What are the differences between Contract and Tort? 1) Requirement for the contact: offer acceptance and consideration between the parties to form a legally binding agreement. (whereas in tort, there is no agreement between the parties) The parties are known to each other, and they are consensus parties. The compensation for breach of contract is to put the eviction in a position as if the

Courts & Litigation, Negligence, Accountant Liability

669 words - 3 pages INTRODUCTION In the United States, there are two separate court systems: State and Federal. The two court systems were made to keep State and Federal matters separate. Under the State court, legislatures were able to generate a variety of laws. The following will review on how the State of California came and how the system relates to the people today. Although both branches are equally as important, this paper is going to outline the basic

Related Essays

Negligence Essay

870 words - 4 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

Hospital Negligence Essay

1241 words - 5 pages Nicole Cooper College Writing II 2 December 2009 Hospital negligence is a devastating problem plaguing hospitals, not only in America, but all over the world. The Institute of Medicine estimated a staggering 98,000 Americans die each year from preventable errors made by the hospital staff (Page 1). I wonder how nurses and doctors can make such careless, but vital mistakes. For instance, when my grandfather was in the hospital, the

Law Negligence Essay

672 words - 3 pages Chapter 6 – Negligence Case 1 Submitted to: Chantelle Troy Submitted by: Elaine Crocker, Justine Byrne and Brandon Noelle March 12th, 2014 The plaintiff, Dean Zastowny, had been incarcerated after committing a number of crimes to support his drug habit. While imprisoned he was sexually assaulted by a prison officer. Zastowny then developed personality disorders such as low self-esteem, anti-social behaviour, and sexual anxiety. After

Corporate Negligence Essay

931 words - 4 pages Phase 3 Individual Project Colorado Technical University Online Current Legal, Ethical and Regulatory Issues in Healthcare HCM337 July 29, 2012 Define Corporate Negligence Corporate Negligence occurs when any representative acting on behalf of a corporation brings harm either willingly or unintentionally to a third party, then the corporation can be held liable for proper standards of care not being upheld. An example would be that the