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1. Question : What are the elements of negligence that Mr. Margreiter will need to prove against the hotel in order to win his case? List the five elements here.
Student Answer: 1.The duty, this element requires plaintiff to act like an ordinary careful person. 2.Breach of Duty, which comes after establishing standard of care; hotel was negligence, the hotel should have protected its gusts, and it should have monitored the elevators from any strangers. 3.Causation, this element comes after the establishment of the breach of duty. This element often used to determine the causes of an accident. The “but for” test which determines the defendant action or absence of action, ...view middle of the document...
Moreover, the hotel does not have cameras, and there were only one guard to monitor the whole hotel which is very huge. The back door has no guard. All of these are a breach of the duty. 3. Causation, this element comes after the establishment of the breach of duty. This element often used to determine the causes of an accident. The “but for” test which determines the defendant action or absence of action, that could have prevented the injury. The criminals have used the elevators of the hotel, and they have attacked Mr. Margreiter at his room inside the hotel. These causes can be controlled by the hotel. Also the criminals have unlooked the room door that means they had keys. How did they get the keys? From this it is obvious that the hotel is negligence. 4. Proximate Cause, which is the negligence that causes the injury. It must be the main cause of injury, and not negligence from other source. The criminals used the hotel elevators, and the hotel had no good securities at that time. This is a proximate cause which makes the hotel liable. 5. Damages, which means that Mr. Margreiter must establish the damages that resulted from the hotel negligence. When the police who found him fallen, thought Mr. Margreiter highly intoxicated, so he took him to a charity hospital and they treated him like a drunk. Mr. Margreiter had been beaten harshly, and he suffered and retains bad effects due to his injury, he has seizures, and brain damages. He suffers Permanente problems, and he needs to spend money for his medicines.
3. Question : What defense(s) does the hotel have on its side? List (and define) those here. Very briefly state why you think the hotel could use this defense.
Student Answer: The hotel does not defend the hotel security system, and it does not defend the care it provides to protect the gusts, but it focuses on the lack of evidence Mr. Margreiter has. 1. Contributory Negligence: The hotel could claim that Mr. Margreiter was negligence. Margreiter must have gone out of the Hotel on his own choice, and become intoxicated and fall into the wrong place. 2. Comparative Negligence: the police man opinion is that he was highly intoxicated; if he was less intoxicated he could have been okay. 3. Assumption of risk: I think the hotel cannot claims that Mr. Margreiter has assumed the risk. 4. It emphasizes the opinion of the policemen that Margreiter was highly intoxicated. 5. The hotel can say there were irregularities in the evidence, and there was deficiency of coherent memory of Margreiter 6. It states that he failed to return to New Orleans to describe his attackers and to prosecuting them. (640 F2d 508 Margreiter v. New Hotel Monteleone Inc | OpenJurist)
These are the automatically computed results of your exam. Grades for essay questions, and comments from your instructor, are in the "Details" section below. Date Taken: 8/5/2011
Time Spent: 54 min , 55 secs
Points Received: 62...