Question 2
The key question in this incident is whether Blizzard Resorts Inc. is responsible of the liability of occupants for injury or loss suffered by trespassers to their premises.
Due to behavior of this incident was not done deliberately or on purpose, and it happened by accident on the resorts premises, Mitchie would have to establish the right to recover compensation for the tort of occupier’s liability from Blizzard Resorts Inc. To prove the negligence of occupier’s liability from Blizzard Resorts Inc., he must prove that they owed him duty of care, breached the required standard of care, and caused suffered injury or damage.
Even though Blizzard Resorts Inc. does owe the duty of care to Mitchie while seen as a trespasser as he
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entered the resort through the backfield after consuming several drinks. After discovering Mitchie stumbling, loud and boisterous at the top of hill, the race organizer and the attendant informed him about participating yet he ignored the staff and entered the line of contestants to participate in the race after been told to leave. Therefore continuing in his activity after being properly warned, he would had voluntarily assume the risk and Blizzard Resorts would not be held liable for any resulting damages that had occurred. The only duty of care required from Blizzard Resorts to Mitchie was to not create a danger with the deliberate intent of doing harm or damage, in which Blizzard had not, Blizzard Resort employees properly warned him before the incident occurred. Blizzard Resorts Inc.
did not fall below the standard of care in this circumstance because Mitchie was warned that he could not participate in the race but when Blizzard Resorts attendant back was turned, Mitchie entered the line of contestants. Blizzard Resorts didn’t realize he was part of the race otherwise he would have participated in the race. Mitchie may argue that Blizzard didn’t stop the next group of racers coming down the hill but perhaps because they did not know Mitchie was injured on the hill. Blizzard Resorts Inc. did not fall below the standard of care as they took reasonable precaution at the top of the hill to prevent people who deem not capable to participate.
As the result of the collision, Mitchie sustained a broken nose, lacerations to his face and also a broken leg after hit by the next group of racers coming down the hill. If Blizzard is liable, they will have to compensation Mitchie for $500,000.00 for the injuries sustained so he can return back to his normal form but Blizzard Resorts did not cause the damages since their organizers and attendants attempted their best to stop Mitchie from participating in the race.
In conclusion, Mitchie will not be able to prove that Blizzard Resorts Inc. owed him the duty of care cause he voluntary assumed the risk after proceeding at his own will therefore Blizzards Resorts will likely not be responsible of the liability of Mitchie for injury or loss suffered to their premises as only 3 out of the 4 elements were proven in a negligence cause of
action.
4. Facts: It was the time of August in 1986, when William Geringer with his family was on vacation at the Wildhorn Ranch Resort located in Teller County, Colorado. Due to some defective Paddleboating boat two of the family members (William Geringer and his minor son Jared Geringer) were drowned. Mr. Watters, a defendant, was formerly the owner of the resort, but he stated that he handed over the possession to Wildhorn Ranch Inc. “The other defendant, Les Bretzke, was a contractor with an autonomous company that endow with repair services and repair construction to the resort.” During the whole trial the main focus was on the maintainability issues of
ii) If one is the owner or operator, liability may attach even if some other
The plaintiffs, Bosse and Griffin, sued Chili’s for negligence seeking compensatory damages claiming a patron who pursued them following their skipping out on a restaurant bill was acting as agent for Chili’s at the time the patron caused the plaintiff’s car accident and that Chili’s was, therefore, responsible for the crash.
Another factor to consider is if the hospitalized parties sue Mr. Chetum for negligence. Knarles would be involved in this case as well since it was his firm who did the maintenance. This would likely s...
Under which theory or theories of product liability can Kolchek sue to recover for Litisha’s injuries? Could Kolchek sue Porter or Great Lakes?
The issue is what duty of care did C.D. Management owe to Richard. Mounsey v. Ellard, held that a landowner owes a duty of reasonable care to all lawful visitors. 363 Mass. 693, 707 (1973). The Court stated “that there is significant difference in the legal status of one who trespasses on another's land as opposed to one who is on the land under some color of right-such as a licensee or invitee.” Id at n.7. Although the general rule for care owed to trespassers is to refrain from willful, wanton, or reckless conduct. Schofield v. Merrill 386 Mass. 244, 245 (1982). Mounsey allowed for the possibility of exceptions when dealing with trespassers, “The possible difference in classes of trespassers is miniscule compared to the
In 1994, the trial of Liebeck v. Mcdonald's P.T.S., Inc., (No. D-202 CV-93-02419, 1995 WL 360309), 79 year old New Mexico woman named Stella Liebeck sues Mcdonald's, Inc after suffering from multiple third degree burns. The injuries that Liebeck indure was an self-inflicted by spilling a cup hot Mcdonald's coffee that was obviously too hot if cause third degree burns. The issue of this case is whether or not Mcdonald's showed any negligence and if so, did it lead to the unfortunate event of Liebeck injuries. Liebeck was seeking compensatory. damages for loss of wages and punitive damages for pain and suffering. To prove her case, Liebeck had to prove that even though she was partially responsibility the defendant; Mcdonalds, Inc gross negligence was cause them to be more responsible.
The three contemporary problems I have found with Six Flags is, stealing time from the company by being on the Internet instead of working. The second contemporary problem I found was treating customers differently because of their race, disabilities or sexual preference. The third problem I found was the behavior/language of the employees and customers at Six Flags. These three problems are an ethical problem as well, as goes against the moral conduct, do not steal, be honest and be fair.
BELL SUFFERED AN INJURY WHILE AT SAFE PLACE ANNUAL PICNIC THAT AROSE FROM EMPLOYMENT BECAUSE SAFE PLACE BENIFITED FROM THE EVENT BY ATTENDING THE PICNIC, BOOSTING MORALE AND TEAM BUILDING AND THERE WAS A CAUSAL AND THERE WAS A CONNECTION BETWEEN THE INJURY AND THE EMPLOYEMENT WHICH WAS A RISK OF THE EMPLOYMENT.
Yes. John is liable to damage claim by Robert. This is under deep insight that the cause of the accident was due to the over speeding despite the weather. Additionally, John gained control after Robert was thrown out. He skidded intentionally to have Robert thrown out. Therefore, John is liable for the claim.
“At 12:42 p.m. the air was perfectly calm for about one minute; the next minute the sky was completely overcast by heavy black clouds which, for a few minutes previous, had hung along the western and northwestern horizon, and the wind veered to the west and blew with such violence as to render the position of the observer on the roof unsafe. The air was immediately filled with snow as fine as sifted flour” (Potter). No one expected the blizzard that would soon come rolling over to create some of the unfortunate deaths. Now, the questions are what exactly happened during the storm, how are snowstorms created, and what damages it caused.
The first element of a tort is clearly present: victims were injured and suffered damages. The remaining two required elements are the injurer having caused harm and having performed a breach of duty. If the plaintiff is able to prove the MGM Resort International did in fact fail to enforce preventative measures, the two elements will be considered present in this case. Cause-in-fact and proximate cause will be more difficult to prove. It is possible the shooter could have chosen a different location from which to act out his mass casualty shooting, making cause-in-face questionable in this case.
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
It was stated that “Defendant Dai Huhyn was leaving the casino property and was driving a commercial passenger bus owned by Defendant Polar Express Tours. Mr. Huhyn was driving in the exit lane of the Pauma Reservation Road. While leaving the Casino and driving in the exit lane traveling approximately fifteen miles per hour, the defendants bus struck Young Electric’s boom that was extended across the median and exit lane. The top of the bus hit the bottom of the extending boom’s base that was supporting the bucket in which Plaintiffs Miller and Lumpkin were working. Plaintiffs Miller and Lumpkin suffered injuries as a result of the bus striking the crane’s boom that was extended across and above the exit lane (Liberty Mutual Insurance Company v. I-5 Manufacture and Design,
For those who like winter sports like skiing and snowboarding, we have just the perfect place- the remote yet very popular mountain resort called Balea Lake.